Presence of a problem of significant and persistent racial discrimination, as evidenced in
social and economic indications
Problems of escalating racial hatred and violence
Significant flows of refugees or displaced persons from specific ethnic groups
Encroachment on traditional lands or forced removal from those lands
Polluting or hazardous activities that reflect a problem of racial discrimination
Issues of concern can be brought to the attention of the Committee by a variety of actors,
including civil society organisations, who also have a key role to play in generating awareness
regarding the procedure and the actions recommended under it.
In February 2005, the Committee adopted the Declaration on the Prevention of Genocide and,
later that year, a set of indicators to assess components of situations leading to conflict and
genocide, noting that systematic discrimination, disregard or exclusion are often among the root
causes of conflict were agreed.
The ongoing reviewing of Sate party reports, which is a corner stone of CERD’s work, including
with regard to preventing and addressing violence and atrocity crimes targeted against
minorities, involves analysis of the presence of such indicators which are then reflected in the
measures recommended in the Concluding Observations. During our most recent session in
August for example, CERDS Concluding Observations included concerns regarding failure to
establish an inclusive government, lack of legislation prohibiting racial discrimination in
accordance with the Convention, propagation of hate speech and incitement to racist violence
and hatred, brutality and excessive use of force by law enforcement officials against members of
racial and ethnic minorities as well as structural discrimination against minority communities.
In effect the reporting procedure established by the Committee is important in identifying root
causes of tension and suggesting concrete measures to be taken by States. If States effectively
implement these recommendations, situations of violence or conflict can be averted. However,
a number of States fail to submit their reports in time and others fail to act on the concluding
observations. Civil Society and National Human Rights institutions have important roles to play in
ensuring that recommendations are followed upon the ground.
The increased visibility of Treaty Bodies work through the web-casting of sessions is proving
helpful and I am hopeful that the recent adoption of the General Assembly resolutions 68/268 on