CERDCERDFOLLOW-UP FOLLOW-UP PROCEDUREPROCEDURE

OVERVIEWOVERVIEW

Rule 65 of rules of Rule 65 of rules of procedureprocedure

The Committee may:The Committee may:− request an additional report or further request an additional report or further

information from a State party under the information from a State party under the provisions of art.9, para.1, of the Convention; provisions of art.9, para.1, of the Convention;

− indicate the manner as well as the time within indicate the manner as well as the time within which such additional reports or further which such additional reports or further information shall be supplied;information shall be supplied;

− transmit its decision to the Secretary-General transmit its decision to the Secretary-General for communication, within two weeks, to the for communication, within two weeks, to the State party concerned. State party concerned.

6464thth session, March 2004 session, March 2004

Amendment of rules of procedure: Amendment of rules of procedure:

« In order to further the implementation of « In order to further the implementation of the above paragraph, the Committee shall the above paragraph, the Committee shall appoint a coordinator for a period of two appoint a coordinator for a period of two years. In fulfilling his/her tasks, the years. In fulfilling his/her tasks, the coordintor shall cooperate with country coordintor shall cooperate with country rapporteurs. » (Rule 65, para.2)rapporteurs. » (Rule 65, para.2)

August 2004August 2004

Appointment of Coordinator:Appointment of Coordinator:

Mr. Morten Kjaerum ( DanishMr. Morten Kjaerum ( Danish

member of the Committee)member of the Committee)

Alternate: Mr. Amir ( Algerian Alternate: Mr. Amir ( Algerian member of the Committee)member of the Committee)

PrecedentsPrecedents

Human Rights Committee (2001)Human Rights Committee (2001)

« a follow-up procedure shall be « a follow-up procedure shall be employed in order to establish, employed in order to establish, maintain or restore a dialogue with maintain or restore a dialogue with the State party » the State party » (General Comment No.30, (General Comment No.30, para.5 (2002)para.5 (2002)

Committee against Torture (2002)Committee against Torture (2002)

Terms of ReferenceTerms of Reference

Adopted in March 2005Adopted in March 2005

Coordinator responsible for:Coordinator responsible for: monitoring compliance;monitoring compliance; communicating with the State party;communicating with the State party; recommending appropriate action to the recommending appropriate action to the

Committee.Committee.

What should the State What should the State party do?party do?

Send information in a timely manner Send information in a timely manner to the Committee on follow-up to to the Committee on follow-up to recommendations included in the recommendations included in the concluding observations.concluding observations.

Compliance with DeadlinesCompliance with Deadlines

The coordinator is charged with The coordinator is charged with ensuring deadlines fixed by the ensuring deadlines fixed by the Committee are respected by the Committee are respected by the State party;State party;

Reminders will be sent within one Reminders will be sent within one month of the expiry of a deadline.month of the expiry of a deadline.

Follow-up to Prioritized Follow-up to Prioritized RecommendationsRecommendations

« Pursuant to article 9, paragraph 1, of the « Pursuant to article 9, paragraph 1, of the Convention, and article 65 of the Convention, and article 65 of the Committee’s rules of procedure, as Committee’s rules of procedure, as amended, the Committee requests the amended, the Committee requests the State party to inform it of its State party to inform it of its implementation of the recommendations implementation of the recommendations contained in paragraphs 13, 14 and 16 contained in paragraphs 13, 14 and 16 above, within one year of the adoption of above, within one year of the adoption of the present conclusions » (France, 2005)the present conclusions » (France, 2005)

Examples of Priority Examples of Priority IssuesIssues

Existence of specific legislation to Existence of specific legislation to protect minorities;protect minorities;

Instances of hate speech against Instances of hate speech against national and ethnic minorities;national and ethnic minorities;

Equal enjoyment of ESC rights by Equal enjoyment of ESC rights by travellers;travellers;

Treatment of non-citizens: asylum-Treatment of non-citizens: asylum-seekers, migrants and refugees. seekers, migrants and refugees.

IrelandIrelandConcluding ObservationsConcluding Observations

« The Committee recommends that « The Committee recommends that the State party submit its third and the State party submit its third and fourth periodic reports, due on 28 fourth periodic reports, due on 28 January 2008, jointly and that it January 2008, jointly and that it address therein all points raised in address therein all points raised in the present concluding observations the present concluding observations » (Ireland, 2005)» (Ireland, 2005)

What is done with the What is done with the information received?information received?

Coordinator analyses and assesses Coordinator analyses and assesses information received in consultation with information received in consultation with the country rapporteur;the country rapporteur;

He/she may recommend appropriate He/she may recommend appropriate action by Committee when presenting action by Committee when presenting their their progress report to the Committee in progress report to the Committee in session.session.

Appropriate Action/Formal Appropriate Action/Formal RecommendationsRecommendations

The Committee may take note of the The Committee may take note of the information;information;

It may request further information in It may request further information in the State party’s next report;the State party’s next report;

It may remind the State party of It may remind the State party of previous recommendations and previous recommendations and obligations under the Convention.obligations under the Convention.

State party may be requested to State party may be requested to send report at an earlier date.send report at an earlier date.

Format of ProceedingsFormat of Proceedings

Private meetings.Private meetings.

Committee reports to the Committee reports to the General AssemblyGeneral Assembly

Findings are included in a chapter of the Findings are included in a chapter of the annual report on follow-up activities;annual report on follow-up activities;

Where no information is received in spite Where no information is received in spite of reminders, it will be recorded in of reminders, it will be recorded in subsequent reports to the General subsequent reports to the General Assembly;Assembly;

Additional information received from Additional information received from States parties will be made available.States parties will be made available.

Role of NHRI and NGOsRole of NHRI and NGOs

Important role of NHRI/NGOs Important role of NHRI/NGOs

Input into follow-up process through dialogue Input into follow-up process through dialogue with Government in national forawith Government in national fora

Input through provision of information to the Input through provision of information to the follow-up coordinatorfollow-up coordinator

For more information, contactFor more information, contact::Secretariat of CERDSecretariat of CERD::

Nathalie Prouvez, SecretaryNathalie Prouvez, Secretary-nprouvez@ohchr.orgnprouvez@ohchr.org

-Tel: 00 41 22 917 9309Tel: 00 41 22 917 9309-Fax: 00 41 22 917 9022Fax: 00 41 22 917 9022

Office of the UN High Commissioner for Human RightsOffice of the UN High Commissioner for Human Rights

Palais WilsonPalais Wilson

Geneva, SwitzerlandGeneva, Switzerland