A/79/316
Namibia, South Africa and the United States and measures for ethnic minorities in
Albania, China, Croatia, Hungary, Israel, Romania and Serbia. 30
31. In Ecuador, the Government provides tax incentives to companies that hire
Indigenous Peoples and people of African descent. 31 In Croatia, there are targeted
measures to increase recruitment of Roma, including co-financed employment and
internships of up to 24 months for first-time work experience. 32 In Costa Rica, a 2022
affirmative action law in favour of people of African descent requires every public
institution to allocate at least 7 per cent of vacant jobs per year to people of African
descent, provided that these applicants meet, under equal cond itions, the legal and
constitutional requirements. 33
32. The Committee on the Elimination of Racial Discrimination welcomed the
introduction in Brazil in 2014 a public service quota law. However, the Committee
expressed concern about the decrease in the effective implementation of the law in
recent years. 34 The Special Rapporteur notes that eligibility criteria vary across
institutions, leading to confusion and potential misuse, and that there is a lack of
effective monitoring and enforcement mechanisms, making it difficult to ensure
compliance and address any fraud or abuse. 35 The Committee also welcomed the
adoption of special measures in Viet Nam aimed at ensuring the representation of
officials from ethnic minorities in public and political positions. The legislative
mandated quota of 18 per cent was met by the fifteenth National Assembly (2021–
2026) and, for the first time, smaller ethnic minority groups, including the Mang and
the Brau, are represented. 36
33. In Northern Ireland, the Fair Employment and Treatment Order, adopted in
1998, has successfully contributed to greater equality in the workforce. The Order
requires employers with more than 10 employees to monitor the composition of their
workforce, submit annual reports to the Equality Commission and take remedial
action if any imbalances are identified. The Order also requires employers to carry
out a full review of their employment policies and practices every three years. While
the framework was aimed at reducing segregation between Catholics and Protestants
(rather than equality for racial or ethnic groups), it is a positive example of special
measures working effectively and has reduced obstacles to inclusion and
advancement of minorities, women, persons with disabilities, people living with
HIV/AIDS, non-citizens and others. 37
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Rachel M. Gisselquist, Simone Schotte and Min J. Kim, Affirmative action around the world:
Insights from a new dataset, UNU-WIDER Working Paper 2023/59 (Helsinki, UNU-WIDER,
2023), p. 11.
Submission from Ecuador.
Committee of Experts on Roma and Traveller Issues, Thematic Report on How to Stimulate
Governments to Employ Roma and Travellers in Governmental Institutions and Public
Administration (Strasbourg, France, Council of Europe, 2022), p. 20.
Submission from Costa Rica, p. 11.
CERD/C/BRA/CO/18-20, paras. 22 and 23.
Visit of the Special Rapporteur to Brazil: end-of-visit statement, 16 August 2024. Available at
https://www.ohchr.org/sites/default/files/documents/issues/racism/sr/statements/20240816 -eomstm-brazil-sr-racism.pdf.
CERD/C/VNM/CO/15-17, para. 18.
Office of the United Nations High Commissioner for Human Rights (OHCHR) and Equal Rights
Trust, Protecting Minority Rights: A Practical Guide to Developing Comprehensive
Anti-Discrimination Legislation (United Nations publication, 2023), p. 71.
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