UN CERD Publishes Findings On Albania, Mexico, Qatar, Moldova And San Marino
GENEVA (29 April 2024) - The UN Committee on the Elimination of Racial Discrimination (CERD) today issued its findings on Albania, Mexico, Qatar, the Republic of Moldova and San Marino after reviewing the five States parties in its latest session.
The findings contain the Committee’s main concerns and recommendations on the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, as well as positive aspects. Key highlights include:
Albania
Concerning the
widespread structural discrimination against Roma and
Egyptians, the Committee highlighted some of their
persistent challenges, including difficulty in obtaining
identity documents and birth registration for Roma and
Egyptian children, as well as for migrant, asylum seeker and
refugee children, and accessing public service among Roma
and Egyptians due to limited digital skills. The Committee
urged the State party to ensure access to birth registration
and identity documents to Roma and Egyptians, other minority
groups, as well as to migrants, refugees and asylum seekers,
in order to prevent statelessness. It also recommended that
Albania provide Roma and Egyptians with increased access to
the Internet.
Despite existing measures to promote the enrolment of Roma and Egyptian children in pre-school and compulsory education, the Committee remained concerned about reports on de facto segregation and discrimination of Roma and Egyptian children in some schools. It recommended that Albania address the root causes of discrimination and de facto segregation of Roma and Egyptian children in the education system and ensure that all children enjoy equal opportunities in access to quality education.
Mexico
While
acknowledging Mexico’s efforts in recognising the rights
of people of African descent, particularly through the
Constitutional reform of 2019, the Committee regretted that
indigenous peoples and people of African descent continue to
face discrimination and social exclusion. It asked Mexico to
undertake concrete action to significantly reduce the high
levels of poverty and inequality affecting indigenous
peoples and adopt special measures to eliminate structural
discrimination against indigenous peoples and people of
African descent, and to protect them from any discrimination
acts by state agencies and public officials.
The Committee was deeply concerned about migration checkpoints within Mexican territory operated by National Institute of Migration agents and National Guard members and that, in most cases, victims allegedly subjected to racial profiling are people of African descent, indigenous peoples, or brown and black-skinned people. The Committee also expressed concerns that these migration controls have led to torture, excessive use of force and illegal deportations. It urged Mexico to promptly and effectively investigate all cases of racial profiling, racist abuse, ill-treatment and excessive use of force by law enforcement officials at migration checkpoints and to ensure that all perpetrators are duly prosecuted, and that victims are fully compensated.
Qatar
While noting
Qatar’s different national development strategies, the
Committee was concerned with the reported structural
discrimination and inequalities faced by non-nationals,
particularly those from South Asia and sub-Saharan Africa.
It asked Qatar to prioritise adequate measures to combat
structural discrimination and inequalities against
non-nationals. It also recommended that Qatar combat racial
profiling and address the disparate impact of housing
regulations, mandatory HIV testing and educational fees on
non-nationals, especially low-income migrant
workers.
While welcoming Qatar’s reforms to enhance the protection of migrant workers, including domestic workers, the Committee was concerned that certain legal provisions and social attitudes allow the kafala (sponsorship) system to persist in practice and that migrant domestic workers, predominantly women, continue to face abusive working conditions and intersecting forms of discrimination, including physical, verbal or sexual violence by employers or their families. It urged Qatar to ensure that all measures protecting migrant workers are fully enforced, including the prohibition of confiscating identity documents and passports by employers and the abolition of the requirement of an employer’s exit permit to leave the country in all cases.
Republic of
Moldova
The Committee was concerned about
reports on the spread of racial discrimination, racist hate
speech and hate crimes, and of the dissemination of negative
stereotypes against ethnic minority group members,
particularly the Roma. It recommended that Moldova
strengthen its efforts, including effective implementation
of its legislative framework, to combat racial
discrimination, racist hate speech and hate crimes targeting
members of ethnic minority groups, including the
Roma.
The Committee expressed concerns about Roma children’s low attendance rates and high dropout rates at all levels of schooling, particularly girls, and that only one Roma teacher has been recruited for public schools in the country. It asked Moldova to step up its efforts to ensure Roma children's access to quality and inclusive education, to increase school enrolment rates, and to decrease school dropout rates. These efforts include awareness-raising campaigns on the importance of education for Roma children and young people and their families, as well as recruiting more Roma teachers.
San
Marino
Regarding the situation of “badanti”,
who are predominantly women from Ukraine, Albania, and the
Philippines working as private and domestic family carers,
and taking into account the intersecting discrimination they
encounter based on race and gender, as well as their
vulnerability due to the risks associated with their work,
the Committee expressed concerns over trafficking and
exploitation. The Committee asked San Marino to establish
procedures for the early identification of victims of
trafficking and other forms of exploitation, and for
ensuring their referral to appropriate services for
assistance and rehabilitation.
The Committee expressed concern about the lack of legal provisions guaranteeing the principle of non-refoulement and the rights of refugees and asylum-seekers, as well as the lack of information on safeguards ensuring that permits issued on humanitarian grounds do not discriminate on race, colour and ethnicity. It recommended that San Marino ratify the 1951 Refugee Convention and its Protocol as well as the UN Conventions on Statelessness, ensuring the principle of non-refoulement and guaranteeing that all individuals within the territory of the State party can seek international protection, undergo individual assessment, and access information and legal assistance.
The above findings, officially named Concluding Observations, are now available online on the session page.