MINELRES: UN OHCHR Update on Minority Issues November-December 2008
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Mon Jan 19 16:23:41 2009
Original sender: Ilona Alexander <[email protected]>
Dear colleagues and representatives of minority NGOs,
Happy new year!
Attached, pls find the UN OHCHR November-December 2008 update on
minority issues.
Kind regards,
Ilona
Ilona Klimova-Alexander
Associate Human Rights Officer
Indigenous Peoples and Minorities Unit
Office of the UN High Commissioner for Human Rights
Avenue Giuseppe-Motta 48, Office 2-31
Geneva - Switzerland
Tel: +41 22 928 9845; Fax +41 22 928 90 66
E-mail: [email protected]
---------------------------------
United Nations
OHCHR Indigenous Peoples and Minorities Unit
[email protected]
Minority Update N�16 - November-December 2008
Table of contents
- Minority Fellowship Programmes 2008, 2009 and 2010
- Independent Expert on Minority Issues
- Forum on Minority Issues
- GA resolution A/RES/63/174
- UNDP Resource Guide on Minorities in Development validation
consultation
- Call for applications for the United Nations Voluntary Fund on
Contemporary Forms of Slavery
- Universal Periodic Review
- Durban Review Conference Preparatory Process
- CESCR General discussion on "Discrimination and economic, social and
cultural rights"
- Treaty Bodies and country reviews
Minority Fellowship Programmes 2008, 2009 and 2010
The 2008 Arabic-speaking fellowship took place 1-19 December 2008. The
dates and application deadlines for the 2009 programme will be announced
on our website in due course.
The 2009 English-speaking fellowship will take place at the OHCHR office
in Geneva from 1 April to 17 July 2009. Applications are currently under
review and names of selected candidates will be posted on our website by
the end of January 2009.
As our fellowship is becoming more and more established, we are changing
our selection procedures in order to give a greater voice to minority
representatives in selecting the fellows. All applications for the 2010
fellowship will thus be pre-screened by the 2009 fellows who will
draw-up a long-list of 15 candidates. The final selection will be made
based on phone interviews and the decisions of an advisory board. In
order to facilitate the pre-selection by the 2009 fellows, the
application deadline for the 2010 fellowship is likely to be around 30
June 2009 (for the fellowship dates of approximately April-June 2010).
The call for applications and the application form will be posted on our
website by the end of February 2009. Keep your eyes at:
http://www2.ohchr.org/english/issues/minorities/fellowprog.htm.
Contact person: Ilona Alexander [email protected].
Independent Expert on Minority Issues
On 20 November 2008, the Independent Expert on Minority Issues, Ms. Gay
McDougall, and the new Special Rapporteur on racism, racial
discrimination, xenophobia and related intolerance, Mr. Githu Muigai,
issued a press statement urging European governments to take wide action
to stop violence against Roma. Both UN experts stated that the policies
and actions of numerous States have been, at best, inadequate to resolve
intolerable conditions of poverty, marginalization and exclusion
experienced by the Romani minority in Europe. Policies such as
finger-printing of Roma, abuse by police, and racist statements by
senior public officials contribute to creating a climate in which
societal discrimination and racism are sustained and enhanced. Ms.
McDougall noted that if governments deliver the message that Roma are a
problem, extremists may feel that they have license for attacking them.
The experts stated their belief that the growing anti-Romani sentiment
and violent incidents in several European countries require both a
national and Europe-wide response. The full press statement is available
at:
http://www.unhchr.ch/huricane/huricane.nsf/view01/021F008588C0AF40C1257507005A39
64?opendocument.
On 8 December 2008, Ms. Gay McDougall joined other Special Procedures
Mandate Holders in issuing a joint press release to commemorate the 60th
anniversary of the Universal Declaration on Human Rights. The full press
statement is available at:
http://www.unhchr.ch/huricane/huricane.nsf/view01/63ED58DDBF4EB945C125751A002B3D
66?opendocument
On 10 December 2008, Ms. Gay McDougall joined several other Special
Rapporteurs and Independent Experts in issuing a joint press statement
welcoming the adoption of the Optional Protocol to the International
Covenant on Economic Social and Cultural Rights by the General Assembly.
The experts highlighted that this adoption makes it clear that economic,
social and cultural rights, including the rights to adequate housing,
food, health, education and work, are not a matter of charity, but
rights that can be claimed by all without discrimination of any kind.
The experts declared that the combination of the petitions mechanism,
the inquiry procedure and the possibility of interim measures will
contribute to a body of jurisprudence around these rights, thereby
helping States to ensure their implementation. The full press statement
is available at:
http://www.unhchr.ch/huricane/huricane.nsf/view01/C5486C42747EC60BC125751B005B08
B3?opendocument
Contact person for more information: Graham Fox [email protected].
Forum on Minority Issues
On 15 and 16 December 2008, the inaugural session of the Forum on
Minority Issues took place in Palais des Nations in Geneva. The Forum,
which was organized under the guidance of the Independent Expert on
Minority Issues, Ms. Gay McDougall, gathered participants from Member
States, non-governmental organizations, and academic institutions from
all over the world to discuss the issue of "Minorities and the Right to
Education". A number of experts, most of them belonging to minority
groups and representing all regions of the world, were invited to share
their experience when it comes to access to education for members of
minority groups. The Special Rapporteur on the right to education, Mr.
Vernor Munoz, and representatives of the human rights treaty bodies also
participated in the Forum. The Forum was opened by the President of the
Human Rights Council and the High Commissioner also made opening
remarks. The Independent Expert will report on the recommendations of
the Forum to the Human Rights Council in March 2009. For more
information about the Forum, please visit its web site:
http://www2.ohchr.org/english/bodies/hrcouncil/minority/forum.htm
Contact person for more information: Sylvie Saddier-Calame
[email protected]
GA resolution A/RES/63/174 (adopted 18 December 2008)
On 18 December 2008, the General Assembly approved without a vote
resolution 63/174 on The effective promotion of the Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities. The resolution urges States and the international
community to promote and protect the rights of persons belonging to
national or ethnic, religious and linguistic minorities, through the
encouragement of conditions for the promotion of their identity, the
provision of adequate education and the facilitation of their
participation in all aspects of the political, economic, social,
religious and cultural life of society. It also urges States to take
all necessary constitutional, legislative and administrative measures to
give effect to the Declaration, and calls upon them to cooperate with
the Independent Expert on Minority Issues. The resolution also welcomes
the establishment of the Forum on Minority Issues and invites all
relevant actors to participate actively in its inaugural session.
UNDP Resource Guide on Minorities in Development validation consultation
2-3 December 2008
For the past two years, the OHCHR and the Independent Expert on Minority
Issues have participated in the elaboration of the UNDP Resource Guide
on Minorities in Development as members of a task force. This guide is
intended to serve as a first step towards a specific policy note on how
to deal with minorities in UNDP programming processes and is partly
based on a month-long UNDP-wide survey. On 2-3 December 2008
consultation was organized in New York to validate the draft resource
guide with representatives of the task force as well as UNDP staff from
headquarters and country offices.
Contact person: Ilona Alexander [email protected].
Call for applications for the United Nations Voluntary Fund on
Contemporary Forms of Slavery - new deadline 31 March 2009
The United Nations Voluntary Fund on Contemporary Forms of Slavery was
established in 1991 with the purpose of providing humanitarian, legal
and financial aid to individuals whose human rights have been violated
as a result of contemporary forms of slavery. Funding is obtained by
means of voluntary contributions from Governments, non-governmental
organizations and other private or public entities.
NGOs can request a maximum amount of 15,000 United States dollars per
grant from the Fund. Projects undertaken with previous Trust Fund grants
include medical and psychological aid, food, shelter, and vocational
training to victims of trafficking for sexual and economic exploitation,
support to rehabilitation centres for sexually and physically abused
street children and a project to identify and release bonded labourers
in the carpet industry and stone quarries. Other projects have provided
victims with the means to generate sustainable sources of income, such
as sewing machines, hairdressing equipment, or farming tools.
Applications for project grants have to be submitted by 31 March 2009
for analysis by the secretariat of the Fund. Admissible applications are
examined by the Board of Trustees at its annual session in September
2009. Application forms and guidelines can be obtained from Melanie
Clerc, [email protected], Tel: +41 22 928 9737, Fax: +41 22 928 9010.
More information is available on the website of the Fund:
http://www2.ohchr.org/english/about/funds/slavery.
Universal Periodic Review (UPR)
In 2006 the General Assembly (GA) decided that the Human Rights Council
(HRC) shall "undertake a universal periodic review, based on objective
and reliable information, of the fulfilment by each State of its human
rights obligations and commitments..." (GA resolution 60/251).
The third session of the UPR Working Group was held from 1 to 12
December 2008 and considered the following countries: Botswana, Bahamas,
Burundi, Luxembourg, Barbados, Montenegro, United Arab Emirates, Israel,
Liechtenstein, Serbia, Turkmenistan, Burkina Faso, Cape Verde, Colombia,
Uzbekistan and Tuvalu. In March 2009, the HRC will meet in plenary
session and adopt the outcome of the UPR; a one-hour meeting is devoted
to each above-listed State under Review (SuR). At the HRC plenary
session, the SuR, HRC Member States, Observers including UN entities, as
well as stakeholders, including national human rights institutions and
non-governmental organizations, have the opportunity to make
interventions.
The fourth session of the UPR WG is scheduled to take place from 2 to 13
February 2009 and will consider the following countries: Cameroon,
Djibouti, Mauritius, Nigeria, Senegal, Bangladesh, China, Jordan,
Malaysia, Saudi Arabia, Cuba, Mexico, Canada, Germany, Russian
Federation and Azerbaijan.
The fifth session of the UPR WG is scheduled to take place from 4 to 15
May 2009 and will consider: Central African Republic, Chad, Comoros,
Congo, Vanuatu, Viet Nam, Yemen and Afghanistan, Uruguay, Belize, Chile,
Malta, Monaco, New Zealand, Slovakia and the Former Yugoslav Republic of
Macedonia. The deadlines for the submission of stakeholders' input for
these sessions have passed.
The sixth session of the UPR WG is scheduled to take place from 30
November to 11 December 2009. Submissions from NGOs are invited by:
- 13 April 2009 for submissions on Cote d'Ivoire, Democratic Republic of
Congo, Equatorial Guinea, Eritrea, Ethiopia, Bhutan, Brunei Darussalam
and Cambodia; and
- 20 April 2009 for submissions on Republic of Korea, Costa Rica,
Dominica, Dominican Republic, Norway, Portugal and Albania.
NGOs are invited to contribute information for consideration and
possible inclusion by OHCHR in a summary of stakeholders' input for the
UPR WG sessions. Please note that the page limit for submissions is 5
pages when submitted by individual stakeholders, and 10 pages when
submitted by large coalitions of stakeholders. More detailed reports may
be attached for reference only. This information will be available
on-line for others to access. A note of information and guidelines for
relevant stakeholders on the UPR is available at
http://www.ohchr.org/EN/HRBODIES/UPR/Documents/TechnicalGuideEN.pdf.
Submissions should be sent to OHCHR at the following email address:
[email protected].
All available UPR documentation is posted at
http://www.ohchr.org/EN/HRBodies/UPR.
Contact for further details: OHCHR Civil Society Unit, tel: + 41 22 917
96 56; fax: + 41 22 917 90 11; email: [email protected].
Durban Review Conference Preparatory Process
The Inter-sessional Open-ended Intergovernmental Working Group (ISWG)
established by the PrepCom convened for its organizational meeting on 27
November 2008. This Working Group is tasked with continuing and
finalizing the process of negotiations on, and the drafting of, what
will become the draft outcome document of the Durban Review Conference
on the basis of the compilation of proposals resulting from the work of
the second substantive session of the PrepCom and any further
contributions. The latest version of the compilation for the outcome
document is available at
http://www2.ohchr.org/english/issues/racism/DurbanReview/sessions.htm
(the last document on this page) and it is expected that this text will
be adopted as basis of negotiations at the next session of the ISWG from
19 to 23 January 2009. A further session is envisaged from 6 to 9 April
2009 (these dates may be subject to change).
On 5 December 2008, the ISWG held a meeting with interested NGOs
accredited to the Durban Review Conference. Another meeting is scheduled
for 16 January 2009 in room XXIII at the Palais des Nations, Geneva, at
1:00 pm.
Modalities for NGO participation at the sessions of the ISWG are the
same as those for the sessions of the Preparatory Committee for the
Durban Review Conference. NGOs may make statements as observers at
appropriate moments to be determined by the Chair of the meeting but may
not participate directly in the negotiation process. Written
contributions by NGOs may be submitted to the Secretariat prior to or
during the meeting. Participation at the meetings of the Working Group
is open to NGOs that have consultative status with the Economic and
Social Council, those that participated at the World Conference against
Racism held in 2001 as well as those that have been accredited by the
Preparatory Committee for the Durban Review Conference.
The second part of the sixth session of the Intergovernmental Working
Group on the effective implementation of the Durban Declaration and
Programme of Action took place on 18 December 2008 in Geneva.
The 8th session of the Working Group of Experts on People of African
descent will take place at the Palais des Nations (Room XXI) from 12 to
16 January 2009. The session will focus on an assessment of the work of
the Working Group since its creation. Besides developing its programme
of work for the future, including its meetings, country visits and
participation in the Durban Review process, it will also devote a day to
an analysis of the situation of children of African descent.
The third substantive session of the PrepCom will take place in Geneva
from 15 to 17 April 2009.
The deadline for applications for travel support for NGOs to attend the
Durban Review Conference has passed. A letter informing selected NGOs
that they will be receiving travel assistance will be sent out by end of
January 2009. This assistance will take the form of pre-paid return
airline tickets for one representative of each selected NGO in economy
class by the most direct available route. The list of selected NGOs will
be available at the OHCHR Extranet.
The deadline for receiving applications from new NGOs (those that do not
have consultative status with ECOSOC, did not participate at the WCAR
and have not been accredited by the Preparatory Committee for the Durban
Review Conference) that wish to be accredited to the Durban Review
Conference has been extended to 10 February 2009. In order to be
considered, applications for accreditation by NGOs must be received by
the Secretariat before this date. Those NGOs that applied for
accreditation after the original deadline had elapsed (1 August 2008)
are kindly requested to resubmit their applications.
The OHCHR Anti-Discrimination Unit is now publishing an E-bulletin for
NGOs on the Durban Review Conference. If you want to be added to the
mailing and/or for any other queries E-mail: [email protected].
A new website dedicated specifically to the Durban Review Conference
will be launched shortly.
For more information see:
http://www2.ohchr.org/english/issues/racism/DurbanReview/sessions.htm.
CESCR General discussion on "Discrimination and economic, social and
cultural rights"
On 17 November 2008, the Committee on Economic, Social and Cultural
Rights held a half-Day of General Discussion (DGD) on discrimination and
economic, social and cultural rights, in accordance with article 2 (2)
of the Covenant.
The General Discussion
- Explored the various obligations that article 2 (2) imposes on States
parties;
- Analysed the prohibited grounds of non-discrimination; and,
- Reflected on possible means State parties can adopt at the national
level for the implementation of article 2 (2).
The DGD also offered an opportunity to the Committee to review its draft
General Comment on non-discrimination in the light of the comments and
suggestions made by the experts.
For more information see:
http://www2.ohchr.org/english/bodies/cescr/discussion17112008.htm.
Treaty Bodies and country reviews
20 October to 7 November 2008 - CEDAW
The 42nd session of the Committee on the Elimination of Discrimination
against Women took place from 20 October to 7 November 2008 in Geneva.
The State reports of Bahrain, Belgium, Canada, Ecuador, El Salvador,
Kyrgyzstan, Madagascar, Mongolia, Myanmar, Portugal, Slovenia, and
Uruguay were considered.
In its concluding observations to the report of Belgium, the Committee
expressed concern that the ban of headscarves in schools may increase
the discrimination faced by girls from ethnic and religious minorities
and may impede equality of access to education. It recommended that the
State party pay special attention to the needs of girls belonging to
ethnic and religious minorities and ensure that they have equal access
to education and promote a dialogue with and within ethnic and religious
communities aimed at the formulation of a common approach to the ban of
headscarves in schools. The Committee was similarly concerned about
continuing discrimination against minority women and recommended to take
effective measures to eliminate this discrimination including through
awareness-raising programs.
In relation to the report submitted by Canada, the Committee was
concerned about poverty, multiple forms of discrimination, high levels
of violence, and significant underrepresentation in political and public
life, experienced by women from various ethnic and minority communities.
It recommended that the State party should eliminate discrimination,
develop a specific and integrated plan for addressing the particular
conditions affecting minority women and to ensure that minority women
are empowered to participate in the necessary governance and legislative
processes that address issues impeding their legal and substantive
equality.
Regarding the report of Ecuador, the Committee expressed concerns about
reports of discrimination against minority women and recommended the
State party to ensure investigation of such cases and to undertake
remedial action in line with its Constitution.
In its concluding observations to the report of Myanmar, the Committee
expressed concern that members of the Muslim minority in northern
Rakhine have been denied Myanmar citizenship and recommended that the
State party recognizes their right to nationality.
Regarding the report of Uruguay, the Committee regretted the absence of
any proactive measures to promote the rights of minority women and urged
the State party to take effective measures to eliminate discrimination
against minority women and to recognize minority women's contributions
to the economy by collecting sex-disaggregated data on rural production
and to ensure the incorporation of a gender perspective in all
development programs, with special attention to minority rural women.
More information can be found at:
http://www2.ohchr.org/english/bodies/cedaw/cedaws42.htm.
3 to 21 November 2008 - CESCR
>From 3 to 21 November 2008 the Committee on Economic, Social and
Cultural Rights held its 41st session, in which the State party reports
of Philippines, Angola, Kenya, Nicaragua, UNMIK, and Sweden were
considered.
In relation to the report submitted by Kenya, the Committee recommended
that the State party addresses disparities in the enjoyment of economic,
social and cultural rights, including in access to land, which
particularly affect minority and indigenous communities in rural areas.
Regarding the report submitted by Sweden, the Committee reiterated its
concern about the persistent occurrence of discrimination on the basis
of ethnicity, in particular against the Romani minority and encouraged
the State party to strengthen its efforts and to take additional steps
to prevent discrimination. It also recommended that the State party
ensure the effective implementation of its legal provisions which
authorize the use of certain minority languages before public
authorities and courts.
In its concluding observations on the United Nations Interim
Administration Mission in Kosovo (UNMIK) report, the Committee noted
with appreciation the Anti-Discrimination Law (2004), which among others
provides special protection for minority communities. It recommended
that UNMIK identify funds and encourage the Kosovo authorities to
address the needs of Roma, Ashkali, Egyptian and other non-Serbian
ethnic minority communities. The Committee also expressed concern about
the low number of internally displaced persons and refugees, in
particular those belonging to minority communities, who have returned to
their pre-armed conflict homes in recent years and recommended
intensifying efforts to ensure sustainable return. It also noted with
concern the low enrolment of girls, especially from non-Serbian minority
communities, in secondary schools and the very limited opportunities for
children from non-Serbian minority communities, in particular Roma,
Ashkali and Egyptian children, to receive instruction in or of their
mother tongue and on their history and culture. It recommended that
UNMIK identify funds and advise the relevant Kosovo authorities on the
urgent need to sensitize parents on the importance of education for
their children, including for their daughters and to recognize the
rights of children from non-Serbian minority communities to adequate
opportunities at all levels of education.
More information can be found at:
http://www2.ohchr.org/english/bodies/cescr/cescrs41.htm.
24 to 28 November 2008 - CESCR WG
The Committee also held its Pre-sessional Working Group from 24 to 28
November 2008 and adopted list of issues for the following State
reports: Cambodia, Chad, Cyprus, Madagascar, Poland, and the Republic of
Korea. Minority issues were raised in relation to Cambodia, Cyprus,
Madagascar and Poland.
For more information see:
http://www2.ohchr.org/english/bodies/cescr/cescrwg41.htm.
3 to 21 November 2008 - CAT
The Committee against Torture held its 41stsession from 3 to 21 November
2008, during which it considered the State reports of Belgium, China,
Hong Kong SAR, Macao SAR, Kazakhstan, Kenya, Lithuania, Montenegro, and
Serbia.
In its concluding observations on the report of China, the Committee
expressed concern about the failure to investigate allegations of
torture and other ill-treatment in "Re-education through Labour" (RTL)
facilities, in particular against members of certain religious and
ethnic minority groups. It also expressed its concern about the absence
of comprehensive or disaggregated data on various aspects of abuse in
the administration of justice and violence against ethnic and religious
minorities. The Committee was greatly concerned by the allegations of
targeted torture, ill-treatment, and disappearances directed against
national, ethnic, religious minorities and other vulnerable groups in
China, among them Tibetans, Uighurs, and Falun Gong practitioners. It
recommended that the State party ensure the protection of members of
groups especially at risk of ill-treatment, by pursuing prompt,
impartial and effective investigations into all ethnically motivated
violence and discrimination, including acts directed against persons
belonging to ethnic minorities. The State party should, inter alia, give
prompt consideration to expanding the recruitment of persons belonging
to ethnic minorities into law enforcement. The Committee also
recommended that the State party should implement the population policy
in full compliance with the relevant provisions of the Convention and
prosecute those responsible for resorting to coercive and violent
measures in implementing such policy, in particular against women
belonging to ethnic minority groups.
In relation to the report submitted by Lithuania, the Committee
expressed concern at reports of ill-treatment and discrimination of
ethnic minorities, especially the Roma, including at the hands of law
enforcement officials, in particular the police. It recommended that the
State party should intensify its efforts to combat these phenomena.
Regarding the report submitted by Montenegro, the Committee noted
various measures adopted by the State party, including the Strategy for
Minority Policy and the establishment in 2006 of the "Funds for
Minorities" but expressed concerns about discriminatory treatment
suffered by the Roma. It recommended that the State strengthen its
efforts to implement the various plans and strategies addressing
minorities, including Roma, so as to improve their extremely precarious
living conditions and ensure their access to education, employment,
healthcare and social welfare, in a non-discriminatory manner.
In its concluding observation to the report of Serbia, the Committee
expressed concern about the hostile environment for human rights
defenders working on minority rights and recommended that the State
party recognizes them and their work. It also noted with concern the
failure to protect minorities from violent attacks and recommended that
the State party should take all appropriate measures to prevent these,
especially when political events indicate that minorities may be at
heightened risk of violence.
More information can be found at:
http://www2.ohchr.org/english/bodies/cat/cats41.htm.
12 to 30 January 2009 - CRC
The Committee on the Rights of the Child will hold its 50thsession from
12 to 30 January 2009 and will consider the following State reports:
Democratic People's Republic of Korea, Democratic Republic of the Congo,
Malawi, Moldova, Netherlands and Republic of Chad.
More information can be found at:
http://www2.ohchr.org/english/bodies/crc/crcs50.htm.
19 January to 6 February 2009 - CEDAW
The 43rd session of the Committee on the Elimination of Discrimination
against Women will meet from 19 January - 6 February 2009. During this
session, the Committee will consider the following State reports:
Armenia, Cameroon, Dominica, Germany, Guatemala, Haiti, Libyan Arab
Jamahiriya and Ruanda.
More information can be found at:
http://www2.ohchr.org/english/bodies/cedaw/cedaws43.htm.
16 February to 6 March 2009 - CERD
The Committee on the Elimination of Racial Discrimination will hold its
74th session from 16 February to 6 March 2009 and will consider the
following State reports:, Bulgaria, Congo, Croatia, Finland, Montenegro,
Pakistan, Turkey, Tunisia, and Suriname.
More information can be found at:
http://www2.ohchr.org/english/bodies/cerd/cerds74.htm.
16 March to 3 April 2009 - HRC
The 95th session of the Human Rights Committee will take place from 16
March to 3 April 2009. During the session the Committee will consider
the State Party reports of Australia, Chad, Rwanda and Sweden.
More information can be found at:
http://www2.ohchr.org/english/bodies/hrc/hrcs95.htm.
27 April - 15 May 2009 - CAT
The Committee against Torture will hold its 42nd session from 27 April
to 15 May 2009 and consider the following State reports: Chad, Chile,
Honduras, Israel, New Zealand, Nicaragua and Philippines.
More information can be found at:
http://www2.ohchr.org/english/bodies/cat/cats42.htm
20 April - 1 May 2009 - CMW
The Committee on Migrant Workers will hold its 10th session from 20
April to 1 May 2009 and will consider the following State reports:
Azerbaijan, Bosnia and Herzegovina, Colombia, Philippines.
More information can be found at:
http://www2.ohchr.org/english/bodies/cmw/cmws10.htm
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