CERD General Recommendation No. 23 on the
Rights of Indigenous Peoples
CERD has conducted thematic discussions on
the subjects of Roma, discrimination based on
descent, affirmative action/special measures,
indicators for genocide prevention and the
rights of non-citizens.58 CERD also has an Early
Warning Procedure to respond in cases where
existing problems with implementing ICERD
could escalate into more serious conflict. This
may include statements or resolutions by CERD
and even field visits. The committees have made
recommendations on a wide range of human
rights issues affecting minorities in all regions of
the world. Some examples are provided in Annex
II by theme.
11.4 OTHER STANDARDS
RELEVANT TO MINORITIES
There are several additional international human
rights standards that have particular relevance
to the situation of minorities. The instruments
discussed below could be considered alongside other group-specific instruments such as
those for women, children, indigenous peoples,
migrants, persons with disabilities and refugees.
The Convention for the Prevention and
Punishment of the Crime of Genocide aims to
protect59 national, ethnical, racial or religious
groups (including minorities), from destruction
in whole or in part. No treaty body was established to monitor implementation. However, the
Convention does foresee the creation of national
or international criminal tribunals to try crimes
of genocide (article 6). The International Criminal
Tribunals for the former Yugoslavia and Rwanda
are examples of such tribunals.
The Rome Statute of the International Criminal
Court provides for the prosecution of cases
that encompass not only the crime of genocide but also crimes against humanity. A list of
acts that constitute crimes against humanity is
contained in article 7, paragraph 1. The Rome
Statue also prohibits persecution against; inter
alia, racial, national, ethnic, cultural or religious
groups (article 7.1 (h)). Practices such as forced
population transfers intended to move persons
belonging to minorities away from the territory
on which they live, or with that effect, as well as
forced sterilizations, would constitute serious
breaches of the Rome Statute.
The ILO Discrimination (Employment and
Occupation) Convention, 1958 (No. 111)
requires States to adopt and implement national
policies to promote and ensure equality of
opportunity and treatment in employment, with
a view to eliminating direct and indirect discrimination on grounds of race, colour, sex, religion,
political opinion, national extraction and social
origin (articles 1 and 2). National policies must
address discrimination and promote equality,
in law and in practice, in the areas of access to
education and training, employment services,
recruitment, access to particular occupations, as
well as terms and conditions of employment.
The 1998 ILO Declaration on Fundamental
Principles and Rights at Work provides that
all Members of the ILO have an obligation to
respect, to promote and to realize the fundamental principles and rights at work (“core
labour standards”). These include the principle
of non-discrimination in employment and occupation, freedom of association and the right to
collective bargaining and the elimination of
forced and compulsory labour, as well as child
See http://www2.ohchr.org/english/bodies/cerd/discussions.htm (accessed 9 August 2009).
58
Article 2 of the Genocide Convention defines genocide as: any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or
religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group
conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly
transferring children of the group to another group.
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