PART II – CERD AND ITS WORK
In accordance with these indicators and on the basis of information provided by inter alia UN agencies and
human rights bodies, HRC special procedures, regional human rights mechanisms, NHRIs and NGOs, CERD may
decide to consider a specific situation under this procedure.
b) Possible measures to be taken
In considering specific situations under the early warning and urgent action procedure CERD can take the
following measures:
(a) Request the State party concerned for the urgent submission of information on the situation;
(b) Request the Secretariat to collect information from field presences of the OHCHR and UN specialized
agencies, NHRI, and NGOs on the situation under consideration;
(c) Adopt a decision including the expression of specific concerns, along with recommendations for action,
addressed to:
(i) The State party concerned;
(ii) The Special Rapporteur on contemporary forms of racism, racial discrimination and xenophobia
and related intolerance, the Special Rapporteur on the situation of human rights and
fundamental freedoms of indigenous people, or the Independent Expert on minority issues;
(iii) Other relevant human rights bodies or special procedures of the Human Rights Council;
(iv) Regional intergovernmental organizations and human rights mechanisms;
(v) The Human Rights Council;
(vi) The Special Adviser of the Secretary-General on the prevention of genocide;
(vii) The Secretary-General through the High Commissioner for Human Rights, together with a
recommendation that the matter be brought to the attention of the Security Council.
(d) Offer to send to the State party concerned one or more of the members of the Committee in order to
facilitate the implementation of international standards or the technical assistance to establish a human
rights institutional infrastructure;
(e) Recommend the State party concerned to avail itself of the advisory services and technical assistance of
the Office of the High Commissioner for Human Rights.
c) Recent actions65
At its 76th session in February and March 2010 CERD adopted a decision on Nigeria concerning attacks and
killings of a large number of persons resulting from tensions between ethno-religious groups in January and
March 2010. The Committee strongly urged Nigeria to take all appropriate measures to immediately stop ethnic
violence, to protect victims, and to avoid the reoccurrence of such killings in the future. In addition it also urged
Nigeria to investigate the massacre, bring those responsible to justice, and to provide redress to the victims and
their families.
At its 77th session in August 2010, CERD adopted a decision on Kyrgyzstan concerning the reported attacks and
killings between Uzbek and Kyrgyz ethnic groups that occurred in June 2010, whereby the ethnic Uzbek
community appeared the main target of violence, threats, unlawful arrests and detentions, disappearances,
torture and denial of access to justice. Through consideration of the situation, CERD urged the government of
Kyrgyzstan, among others, to ensure protection of all its citizens from ethnic hatred and to pay due attention to
possible discrimination on ethnic grounds in various areas e.g. employment and education. Furthermore the
Committee strongly urged the government to facilitate access to justice for the victims, to investigate the
violation of human rights and to bring those responsible to justice, and to provide redress to the victims and
their families.
Other situations considered by the Committee during 2010 (in most cases a letter was sent to respective
governments) include situations of: people of Raposa Serra do Sol in Brazil, indigenous peoples in Orissa in India,
65
Letters sent to state parties and regional institutions as well as decisions taken by the Committee can be found at the CERD
website: http://www2.ohchr.org/english/bodies/cerd/early-warning.htm#about
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ICERD & CERD: A GUIDE FOR CIVIL SOCIETY ACTORS