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)
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