CERD thematic discussion on descent-based
discrimination
Descent-based discrimination was proposed as a topic for a
CERD thematic discussion by one of the committee members.
Awareness of the issue had increased through the 2001 World
Conference Against Racism (WCAR). Following the proposal,
NGOs successfully lobbied the committee to take up the topic.
Good NGO preparation for a thematic discussion is necessary, along with good coordination. In this case, much of the
work had already been done through preparation for the
WCAR; NGOs knew the main opposition arguments they
would face and had time to prepare counter-arguments. NGOs
knew that in the case of discrimination based on descent, it
was important that they present the issue as a worldwide
problem in order to secure support from committee members
who were wary about taking up an issue that is generally considered to affect predominantly one region.
Many national NGOs and members of affected communities
attended the thematic discussion, in August 2002, to present
first-hand evidence of the problem to the committee. This type
of testimony is very important in persuading committee members who are ambivalent about an issue. NGOs also submitted
a large amount of written information to the CERD.
Taking into account the discussion, the CERD adopted General Recommendation no. XXIX later during that session. An
independent evaluation of NGO work around the thematic discussion concluded that:
‘without the NGO lobbying on the issue of caste and
descent-based discrimination, both in the lead-up to the
World Conference on Racial Discrimination in 2001, and
specifically directed at CERD, a General Recommendation
would not yet have been adopted by CERD on either
descent-based discrimination in general or any of its specific forms, such as “castism” or caste-based discrimination’.
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The CERD has held three thematic discussions: on
Roma, descent-based discrimination and non-citizens.
NGOs have been highly involved in each. Unlike some
other committees, thematic discussions are the only formal time when NGOs can address the CERD. The first
two thematic discussions resulted in the adoption of a
General Recommendation on the topic and it is possible
the same will happen with the third. For information
relating to CERD thematic discussions, see the annual
report of the committee to the UN General Assembly,
available on the OHCHR website.
The CESCR holds, at each session, a day of discussion on one particular right or aspect of the Covenant.
Previous topics addressed include: education, gender
equality, globalization, health, human rights, intellectual
property, and work. For documents relating to the
CESCR discussions, see: http://www.bayefsky.com/
tree.php/id/10.
NGOs have a more formal role in CRC discussions.
After the CRC decides on a topic, the NGO group for
the CRC requests written submissions from all interested
NGOs. These written submissions are available on the
CRIN website and are sent to the committee. In 2003,
the CRC held its discussion day on the rights of indigenous children. Following the discussion, the committee
issued recommendations to improve implementation of
the Convention for indigenous children. In a number of
cases, days of discussion have led to a General Comment
on the topic and in the case of the discussion on children
and armed conflict, to the adoption of the first Optional
Protocol to the Convention. Other previous topics of discussion have included: the girl child, HIV/AIDS and violence against children. For more information on past and
future days of discussion, see the OHCHR website:
http://www.unhchr.ch/html/menu2/6/crc/doc/
discussion.htm.
MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS