Centre for Studies on Inclusive Education

supporting inclusion, challenging exclusion

Concluding observations of the UN Committee on the Elimination of Racial Discrimination – extracts concerning inclusive education, 2004-2009

Update - 2012

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A

Antigua and Barbuda

(11 April 2007, CERD/C/ATG/CO/9, Concluding observations on ninth report, para. 18)

“While the Committee welcomes the abolition of the practice of excluding children of non-citizens from State schools for the first two years of their stay in Antigua and Barbuda, it notes that children continue to be excluded due to lack of resources of certain schools, that there are no mechanisms in place to check the reasons for these exclusions, and to ensure that no child is denied access to education. (article 5 (e) (v))

The Committee recommends that the State party engage in a systematic review of any exclusions of children from schools to monitor the reasons for such exclusion, and that an independent mechanism be set up to administer the review and ensure that all children, whatever their social or national origins, enjoy the right to education.”

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Argentina

(10 December 2004, CERD/C/65/CO/1, Concluding observations on sixteenth to eighteenth report, paras. 5 and 19)

“The Committee welcomes the entry into force of Immigration Law No. 25871 in January 2004, which replaces the former Immigration Law No. 22439, and provides, inter alia, for the following: ...

b) migrants’ access to basic rights such as education and health irrespective of their migration status; ...

“The Committee regrets that despite the State party’s efforts, the right to a bilingual and intercultural education for indigenous peoples recognized by the Constitution is not fully respected in practice. It takes note with concern of allegations regarding the lack of adequate training provided to indigenous teachers and discrimination faced by them, as well as the insufficient measures to preserve indigenous languages and to include the history and culture of indigenous peoples in school curricula.

The Committee recommends that the State party adopt all necessary measures to ensure, in consultation with the indigenous communities, a bilingual and intercultural education for indigenous peoples with full respect for their cultural identity, languages, history and culture, bearing also in mind the wider importance of intercultural education for the general population. It further recommends that adequate training be provided to indigenous teachers and effective measures be adopted to combat all forms of discrimination against them. The Committee also requests the State party to provide information on the number and percentage of indigenous children taught in primary and secondary schools, including bilingual schools.”

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Australia

(14 April 2005, CERD/C/AUS/CO/14, Concluding observations on thirteenth/fourteenth report, para. 19)

“While noting the improvement in the enjoyment by the indigenous peoples of their economic, social and cultural rights, the Committee is concerned over the wide gap that still exists between the indigenous peoples and others, in particular in the areas of employment, housing, health, education and income (art. 5).

The Committee recommends that the State party intensify its efforts to achieve equality in the enjoyment of rights and allocate adequate resources to programmes aimed at the eradication of disparities....”

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Austria

(21 August 2008, CERD/C/AUT/CO/17 Advance Unedited Version, Concluding observations on fifteenth to seventeenth report, paras. 21 and 22)

“The Committee is concerned that in the State party the acts of racial discrimination in every day life in fields such as employment, housing, education and access to public places are only considered minor offences in Austrian law. (art. 5 (e))

The Committee recommends that the State party review its legislation on racial discrimination, so as to ensure the adequate protection against discrimination in practice of persons belonging to vulnerable groups, such as ethnic minorities, immigrants and asylum-seekers, according to article 5 of the Convention. The Committee also recommends that the State party consider adopting special measures in favour of such groups with the aim of guaranteeing them the full and equal enjoyment of their human rights and fundamental freedoms, in accordance with article 2, paragraph 2, of the Convention.

“The Committee is concerned about reports according to which minority groups encounter difficulties in preserving, using and developing their languages. (art. 5 (e) (vi)) The Committee urges the State party to take effective measures to preserve minorities’ languages and culture by, inter alia, encouraging and promoting the use of their mother tongues in the fields of education, public administration and legal proceedings, in the media and through their participation in public life, in accordance with article 7 of the State Treaty of Vienna (1955)....”

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Azerbaijan

(7 September 2009, CERD/C/AZE/CO/6, Concluding observations on fifth/sixth report, para. 5)

“While noting that significant progress has been made by the State party in protecting the economic, social and cultural rights of persons affected by internal displacement, as well as asylum-seekers and refugees, the Committee is still concerned that asylum-seekers, refugees and internally displaced persons continue to experience discrimination in the areas of employment, education, housing and health....

The Committee calls upon the State party to ensure the non-discriminatory implementation of each of the rights and freedoms referred to in article 5 of the Convention for all groups of the population. The Committee requests the State party to include, in its next periodic report, information on measures taken in this regard, and draws the attention of the State party to its general recommendation No. 30 (2004) on discrimination against non-citizens. Furthermore, the Committee requests the State party:

a) to ensure equal opportunities for displaced persons, and to allow for their enhanced participation in the formulation of State policies and programmes concerning their interests, in particular with regard to the planning of new settlements, improved access to employment, housing, health care and quality education, and measures to encourage mixed schooling with local children. In this respect, it recommends the State party pay special attention to the situation of women and children....”

(14 April 2005, CERD/C/AZE/CO/4, Concluding observations on third/fourth report, paras. 12 and 14)

“The Committee expresses its concern that asylum-seekers, refugees, stateless persons, displaced persons and long-term residents residing in Azerbaijan experience discrimination in the areas of employment, education, housing and health (art. 5).

The Committee urges the State party to continue taking necessary measures in accordance with article 5 of the Convention to ensure equal opportunities for full enjoyment of their economic, social and cultural rights by asylum-seekers, refugees, stateless persons, displaced persons and long-term residents of Azerbaijan. The Committee requests the State party to include, in its next periodic report, information on measures taken in this regard, and draws the attention of the State party to its general recommendation XXX on discrimination against non-citizens.

“While welcoming the information provided on minority groups, the Committee regrets the insufficiency of information on the participation of these groups in the elaboration of cultural and educational policies. It is also concerned at the lack of programmes to support minority languages, and that those languages are not used in the educational system to an extent commensurate to the proportion of the different ethnic communities represented in the State party's population (art. 5).

The Committee invites the State party to facilitate the participation of ethnic minorities in the elaboration of cultural and educational policies. The Committee also recommends to the State party that it take the necessary measures to create favourable conditions that will enable persons belonging to minorities to develop their culture, language, religion, traditions and customs, and to learn or to have instruction in their mother tongue. The Committee invites the State party to include in its next periodic report detailed information on this issue.”

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B

Bahrain

(14 April 2005, CERD/C/BHR/CO/7, Concluding observations on sixth/seventh report, paras. 14 and 16)

“The Committee remains concerned at the situation of migrant workers, in particular regarding their enjoyment of economic, social and cultural rights.

In light of article 5 (e) (i) and of general recommendation XXX on non-citizens, the Committee urges the State party to take all necessary measures to extend full protection from racial discrimination to all migrant workers and remove obstacles that prevent the enjoyment of economic, social and cultural rights by these workers, notably in the areas of education, housing, employment and health....

“The Committee notes with concern the reportedly disparate treatment of and discrimination faced by members of some groups, in particular the Shia, that may be distinguishable by virtue of their tribal or national origin, descent, culture or language; the Committee is especially concerned about apparently disparate opportunities that are afforded to such groups.

The Committee recommends that the State party ensure that everyone, without distinction as to race, colour, or national or ethnic origin, enjoys the rights to work and to health and social security, adequate housing and education in accordance with article 5 (e) (i), (iii), (iv) and (v) of the Convention.”

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Barbados

(27 March 2007, CERD/C/BRB/CO/16, Concluding observations on eighth to sixteenth report, paras. 8 and 16)

“The Committee also notes with satisfaction the pilot education programme which has included African Heritage Studies, Citizenry, Family life and conversational foreign languages in several primary and secondary schools. “While taking note of the State party’s observation that education in Barbados is ‘socially guaranteed’, the Committee expresses concern that the right to education as well as other economic and social rights are not adequately protected in domestic law.

The Committee recommends to the State party that it ensure equal enjoyment of economic and social rights including the right to education contained in article 5 (e) of the Convention.”

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Belgium

(11 April 2008, CERD/C/BEL/CO/15, Concluding observations on fifteenth report, paras. 21 and 22)

“While noting that in the State party the competence to regulate the wearing of the headscarf in schools belongs to each school board, the Committee is concerned as to the equal enjoyment of the right to education by all girls in Belgium (article 5 (e) (v)).

The Committee recommends that the State party ensure that the procedure implementing school regulations always place emphasis on dialogue in order to prevent such regulations from denying any student the right to education, and to ensure that everyone can always exercise that right.

“While acknowledging the work of the Walloon Travellers’ Mediation Centre since 2001 and the recognition of caravans as a form of housing in the Flemish Housing Code since 2004, the Committee remains concerned as to the practical enjoyment of social, economic and cultural rights by Roma and Travellers, especially in education and employment (articles 5 (e) and 7). The Committee recommends, in light of its general recommendation No. 27 (2000) on discrimination against Roma, that the State party strengthen its measures to improve the schooling of Roma children, as well as employment opportunities for Roma and Travellers....”

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Bosnia and Herzegovina

(11 April 2006, CERD/C/BIH/CO/6, Concluding observations on sixth report, paras. 22 and 23)

“The Committee is gravely concerned about the extremely low rates of primary and secondary school attendance by Roma children which, according to reports, are due primarily to the lack of means of most Roma families to finance clothing, transportation to school and learning materials for their children (Art. 5 (e) (v)).

The Committee urges the State party to implement effectively the recommendations contained in the Action Plan on Educational Needs of Roma and Other National Minorities (2004), and to combat discrimination against Roma children and children belonging to other ethnic minority groups by teachers, school authorities, and classmates and their families.

“The Committee is deeply concerned about the existence of mono-ethnic schools within the territory of the State party, and about the continued existence of 52 schools within the Federation which are characterized as being ‘two schools under one roof’ wherein children of different ethnic backgrounds are physically segregated and taught different curricula (Arts. 3 and 5 (e) (v)).

The Committee strongly urges the State party to end public school segregation, that is, that it eliminate mono-ethnic schools and schools that are structured as ‘two schools under one roof’ as soon as possible. The Committee recommends that competent authorities within the State party unify previously segregated schools under one administration, intensify their efforts to remove ethnically discriminatory elements from textbooks, remove mono-ethnic or mono-religious symbols and flags from all schools, and implement a modernized common core curriculum for all schools within the territory of the State party, which is sensitive to the diverse cultural attributes of the various ethnic groups within the territory of the State party.”

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Botswana

(4 April 2006, CERD/C/BWA/CO/16, Concluding observations on sixteenth report, paras. 15 and 16)

“The Committee, while welcoming the State party’s willingness to provide primary education in the main mother tongues of non-Tswana tribes, notes with concern the difficulties of many children belonging to these tribes to benefit from the educational curricula on account of linguistic barriers. (Articles 5 and 7)

The Committee recommends that the State party implement its above policy, in particular in regions inhabited traditionally or in substantial numbers by persons belonging to non-Tswana tribes. The Committee also recommends that the State party consult with the concerned tribes in this regard.

“The Committee is concerned by information according to which the school curricula do not include reference to the history, culture and traditions of non-Tswana ethnic groups. (Articles 5 and 7)

The State party is requested to provide information, in its next periodic report, about measures adopted in the field of education aimed at encouraging knowledge of the history, culture and traditions of all tribes.”

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Brazil

(28 April 2004, CERD/C/64/CO/2, Concluding observations on fourteenth to seventeenth report, paras. 17 and 21)

“The Committee is concerned by allegations concerning discrimination faced by Gypsies with regard to birth registration and access to schools for their children.

In the light of general recommendation XXVII on discrimination against Roma (Gypsies), the Committee invites the State party to clarify this matter.

“The Committee takes note that the report has not provided sufficient information on the cultural rights of persons belonging to minorities, in the context of article 5 of the Convention. In particular, no reference is made to the right of minority and ethnic groups to receive education in their own languages.

The Committee recommends that the State party provide further information in this regard.”

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Bulgaria

(23 March 2009, CERD/C/BGR/CO/19, Concluding observations on fifteenth to nineteenth report, paras. 8, 13 and 15)

“The Committee notes with satisfaction that the State party has taken measures and implemented programmes for ... the upbringing and education of Roma children....

“The Committee is concerned about the former practice of placing Roma children in special schools reserved for children with disabilities.

It recommends that the State party continue measures to integrate Roma children into mixed schools, in cooperation with civil society organizations.

“The Committee is concerned about the specific obstacles encountered by Roma in respect of access to ... education.

It recommends that the State party continue taking positive measures to improve the living conditions of Roma in respect of access to ... education within the framework of the Plan of Action for Roma Inclusion and the Decade for Roma Inclusion, in accordance with article 5 of the Convention and general recommendation XXVII (2000) on discrimination against Roma (art. 5).”

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C

Canada

(25 May 2007, CERD/C/CAN/CO/18, Concluding observations on seventeenth/eighteenth report, para. 23)

“… The Committee is concerned about allegations that in some of the provinces, stateless children and undocumented migrant children are not eligible for schooling (art. 5 (e)). The Committee recommends that the State party consider ratifying the 1954 Convention relating to Status of Stateless Persons and the International Convention on the Protection of the Rights of All Migrants Workers and Members of Their Families. The Committee urges the State party to take necessary legal and policy measures to ensure that undocumented migrants and stateless persons whose asylum applications have been rejected are provided with access to social security, health care and education in all provinces and territories, in line with article 5 (e) of the Convention….”

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Chad

(21 September 2009, CERD/C/TCD/CO/15, Concluding observations on tenth to fifteenth report, para. 6)

“The Committee welcomes the State party’s adoption of ... Act No. 16/PR/06 of 13 March 2006, on the orientation of the Chadian education system, which recognizes the right of everyone without distinction to education and training....”

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Chile

(7 September 2009, CERD/C/CHL/C0/15-18, Concluding observations on fifteenth to eighteenth report, paras. 8 and 24)

The Committee notes with interest the actions aimed at the integration of migrants in the State party, such as ... access for migrant children to the public health-care and education systems.

“The Committee notes the efforts made by the State party to combat poverty. However, it is concerned that indigenous peoples, in particular the Mapuche, are among the poorest and most marginalized groups (art. 5 (e)).

The Committee recommends that the State party should take the necessary steps to assure effective protection against discrimination in various areas, particularly in employment, housing, health and education....”

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Colombia

(28 August 2009, CERD/C/COL/CO/14, Concluding observations on tenth to fourteenth report, paras. 18 and 23)

“The Committee is concerned that, despite national policies on special measures, in practice Afro-Colombians and indigenous peoples continue to face serious challenges to the enjoyment of their rights and remain victims of de facto racial discrimination, marginalisation and continue to be particularly vulnerable to human rights violations. The Committee is concerned over structural causes which perpetuate discrimination and exclusion from access to socio-economic rights and development, including in the areas of employment, housing and education....

“The Committee, while noting efforts to provide a culturally sensitive education policy (etnoeducación) for Afro-Colombian and indigenous children, remains concerned that the State party does still not provide free primary education and that illiteracy rates remain significantly higher among Afro-Colombian and indigenous children.

The Committee reiterates the recommendations of the Committee on the Rights of the Child of 2006 (CRC/C/COL/CO/3, paras. 77 and 95) and recommends that the State party strengthen its education policy (etnoeducación) and guarantee both in law and practice that Afro-Colombian and indigenous children are provided with free primary education. Strategies should be devised in close consultation with the affected communities, receive adequate resource allocations and involve departmental and municipal authorities. Gender perspectives should be duly considered in such educational policies.”

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Congo

(23 March 2009, CERD/C/COG/CO/9, para. 15, as at June 2009 not available in English)

“Le Comité est préoccupé par la marginalisation et la discrimination dont les Pygmées font l’objet en ce qui concerne l’accès à la justice et la jouissance de leurs droits économiques, sociaux et culturels, et notamment l’accès à l’éducation....

Le Comité : a) encourage l’État partie à redoubler d’efforts pour que les peuples autochtones puissent jouir pleinement de leurs droits économiques, sociaux et culturels et l’invite en particulier à prendre des mesures en vue de garantir leurs droits à l’éducation.... (art. 5)“

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Costa Rica

(17 August 2007, CERD/C/CRI/CO/18, Concluding observations on eighteenth report, para. 13)

“The Committee notes with concern the low wages of the indigenous population compared with the rest of the population, and their problems of access to education and health. The Committee urges the State party to step up its efforts to improve the indigenous peoples’ enjoyment of economic and social rights, and in particular to take steps to ensure equal pay for indigenous people and other sectors of the population, and access to education and health. To this end, the Committee invites the State party to take into account its general recommendation No. 23 on indigenous peoples (art. 5 (e) (i), (iii), (iv) and (v)).”

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Croatia

(24 March 2009, CERD/C/HRV/CO/8, Concluding observations on sixth to eighth report, para. 14)

“The Committee, while expressing appreciation for the measures adopted by the State party to eliminate discrimination against the Roma communities, such as the Action Plan for the Decade of Roma Inclusion and the National Roma Programme, continues to be concerned about the discrimination faced by members of the Roma minority in their enjoyment of human rights, in particular in the fields of education.... (arts. 5 and 2)

The Committee, drawing attention to its general recommendation No. 27 (2000) on discrimination against Roma, reiterates its recommendation that the State party continue to pay attention to the situation of the Roma minority and intensify its efforts to eliminate discrimination against it. In particular, the State party should ensure equal access to quality education by Roma children, including through teaching in Romani, prevent de facto segregation of Roma pupils, and take further measures to combat stereotypes....“

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Czech Republic

(11 April 2007, CERD/C/CZE/CO/7, Concluding observations on seventh report, paras. 5, 17 and 21)

“The Committee welcomes the assurances provided by the delegation that, under the new Education Act of 2004, basic education will be provided to all regardless of citizenship and legality of residence. The State party should provide more detailed information on this issue, in particular on any remaining distinctions between citizens and non-citizens in accessing primary and secondary education, as well as in participating in regular activities organized in schools.

“The Committee is deeply concerned by consistent information according to which the Roma suffer racial segregation on the State party’s territory in the field of education, a situation that the State party does not seem to fully acknowledge. It notes with particular concern that a disproportionately large number of Roma children attend “special schools”. While noting the views of the State party that this results from the vulnerable situation of the Roma and the need to adopt special measures to respond to their needs, and having taken note of the new Education Act, the Committee remains concerned that this situation also seems to result from discriminatory practices and lack of sensitivity on the part of the authorities to the cultural identity and specific difficulties faced by the Roma. Special measures for the advancement of certain groups are legitimate provided that they do not lead, in purpose or in practice, to the segregation of communities....

The State party should increase its efforts to assess the situation of the Roma in the field of education. It should develop effective programmes specifically aimed at putting an end to the segregation of Roma in this area, and ensure that Roma children are not deprived of their right to family life and to education of any type or any level. The Committee, in particular, recommends that the State party review the methodological tools used to determine the cases in which children are to be enrolled in special schools so as to avoid indirect discrimination against Roma children on the basis of their cultural identity.

“The Committee regrets that is has not received sufficient information on the extent to which school curricula provide for intercultural as well as multicultural education, and on action taken to ensure the right of persons belonging to minorities to participate in cultural life. (articles 5 (e) (vii) and 7)

The Committee recommends that the State party include in textbooks, at all appropriate levels, chapters about the history and culture of minorities, including the Roma, and encourage and support the publication and distribution of books and other printed materials as well as the broadcasting of television and radio programmes, as appropriate, about their history and culture, including in languages spoken by them. The Committee also recommends that the State party ensure the participation of minorities in the elaboration of such materials and programmes. It also wishes to receive more information about the extent to which minority languages, including the Roma languages, are taught in schools and used as languages of instruction.”

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D

Democratic Republic of the Congo

(17 August 2007, CERD/C/COD/CO/15, Concluding observations on fifteenth report, para. 19)

“The Committee remains concerned that Pygmies are subjected to marginalization and discrimination with regard to the enjoyment of their economic, social and cultural rights, in particular their access to education, health and the labour market....

The Committee encourages the State party to intensify its efforts to improve the indigenous populations’ enjoyment of economic, social and cultural rights and invites it in particular to take measures to guarantee their rights to work, decent working conditions and education and health (art. 5).”

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Denmark

(19 October 2006, CERD/C/DEN/CO/17, Concluding observations on seventeenth report, para. 22)

“The Committee, while welcoming the State party’s efforts to enhance the economic and social participation of persons belonging to national or ethnic minorities, notes that integration policies and programmes seem to discourage them from expressing and developing their culture. It notes with concern that the school curriculum, at all levels of education, does not seem to include sufficient information on their culture and that the cultural diversity of Denmark is reportedly not sufficiently reflected in the fields of culture and information (arts. 5 and 7).

The State party should adopt immediate and effective measures to reflect the cultural diversity of Denmark in the fields of education, culture and information. The Committee also recommends that the State party ensure that its integration policies and programmes have neither the purpose nor the effect of restricting cultural rights of persons belonging to national or ethnic minorities in a disproportionate manner. The Committee further encourages the State party to ensure the participation of these groups in the design and implementation of integration policies and programmes, at both national and local levels.”

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Dominican Republic

(16 May 2008, CERD/C/DOM/CO/12, Concluding observations on twelfth report, paras. 18 and 21)

“Notwithstanding the information provided by the delegation on the progress made with respect to access of migrants of Haitian origin to basic social services, the Committee is concerned at reports received regarding the dire living conditions of undocumented Haitian migrants and their children, and their limited access to health services, housing, sanitation, drinking water and education, including university studies (art. 5 (e) (iv), (v)).

Recalling its general recommendation 30 (2004), the Committee recommends that the State party take all necessary measures to ensure the right of non- citizens, in particular migrants of Haitian origin, to an adequate standard of living, in particular their access to health services, sanitation, drinking water and education.

“The Committee is concerned at allegations of discriminatory or vexatious conduct towards dark-skinned persons, both Haitian and Dominican, and those of Haitian origin, by officials working in various national or local authorities (art. 7).

The Committee recommends that the State party provide awareness-raising training programmes for members of the judiciary, law enforcement officers, teachers, social workers and other public officials on the provisions of the Convention. Furthermore, the Committee encourages the State party to undertake national campaigns to raise awareness of human rights, and in particular of issues concerning racism, xenophobia and related intolerance, in order to prevent and combat all forms of discrimination, and to include intercultural education in school curricula.”

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E

Ecuador

(15 August 2008, CERD/C/ECU/CO/19 Advance Unedited Version, Concluding observations on seventeenth to nineteenth report, paras. 18, 19 and 20)

“The Committee is concerned at the limited enjoyment of economic, social and cultural rights by indigenous peoples and Afro-Ecuadorians, particularly where housing, education, health and employment are concerned, principally as a result of the growing and persistent poverty in the State party (art. 5 (e)). The Committee recommends that the State party should take the necessary steps to assure effective protection against discrimination in various areas, particularly in employment, housing, health and education....

“While the Committee takes note of recent progress in efforts to combat illiteracy among the indigenous and Afro-Ecuadorian population, the Committee continues to be concerned at the high level of illiteracy among the indigenous peoples and Afro-Ecuadorian communities (art. 5 (e)(v)). The Committee encourages the State party to take immediate and medium-term action to ensure the effective implementation of measures to reduce illiteracy among indigenous people and Afro-Ecuadorians. In addition, the State party's next report should include precise data on the proportion of indigenous people and Afro-Ecuadorians who have access to primary, secondary and university education.

“While the Committee is pleased to note the introduction of a system of bilingual education in Ecuador, providing instruction to indigenous children in Spanish and in their own languages, the Committee is concerned at the poor application of the intercultural bilingual system in practice (art. 5 (e)(v)).

The Committee recommends that the State party should strengthen the legal arrangements underpinning indigenous institutional structures. Specifically, it is recommended that the Department of Bilingual Intercultural Education, the Department for Intercultural Health and the Council of Nationalities (CODENPE) should be given legal status and allocated the necessary resources so that they can perform their functions effectively.”

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Estonia

(19 October 2006, CERD/C/EST/CO/7,Concluding observations on seventh report, para. 18)

“While acknowledging the existing programme to increase educational opportunities for children belonging to the Roma minority, the Committee is concerned about the limited proportion of Roma children who attend school (art. 5 (e) (v)).

The Committee draws the attention of the State party to its general recommendation 27 on discrimination against Roma and recommends that the State party strengthen its efforts to address the low level of school attendance among children belonging to the Roma community by, inter alia, recruiting additional school personnel from among the members of the Roma community and promoting intercultural education.”

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Ethiopia

(20 June 2007, CERD/C/ETH/CO/15, Concluding observations on fifteenth report, para. 24)

“Bearing in mind that the State party hosts around 100,000 refugees, almost half of whom are children, the Committee is concerned about the enjoyment of their right to education (article 5 (e) of the Convention).

In the light of its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee recommends that the State adopt adequate measures ensuring the right of equal access to education and training of the above-mentioned children.”

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F

Fiji

(16 May 2008, CERD/C/FJI/CO/17, Concluding observations on seventeenth report, paras. 19 and 24)

“The Committee notes the information provided by the State party on the education system, and particularly welcomes the compulsory teaching of both the Fijian and Hindi languages, although it remains unclear whether this is applicable to all schools. The Committee, however, considers that the mere re-registering of a school as private and the withdrawal of its funding when its enrolment policies are found to be discriminatory is not conducive to preventing segregation in schools (arts. 3, 5 (e) (v) and 7).

The Committee recommends that the State party take all necessary steps to ensure that school enrolment policies are not discriminatory, including where necessary by de-registration of schools. It also invites the State party to ensure that curricula convey to students the importance of respect for the different ethnic communities of Fiji. Furthermore, mixed schools should be promoted and strong action taken to promote intercultural education.

“The Committee welcomes the adoption of an action plan to combat racial discrimination in the field of education and to promote integration of the student body. It regrets, however, that the State party has not provided sufficiently detailed information on the content of this plan or how it is implemented in practice (art. 7).

The Committee recommends that the State party provide more detailed information on the action plan as well as on its effectiveness in practice.”

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Finland

(13 March 2009, CERD/C/FIN/CO/19, Concluding observations on seventeenth to nineteenth report, para. 18)

“While welcoming the efforts made by the State party to eliminate discrimination against the Roma, ... the Committee remains concerned about the limited enjoyment by members of the Roma community of the rights enshrined in the Convention, especially the rights to education....

In light of its general recommendation no. 27 (2000) on discrimination against Roma, the Committee recommends that the State party strengthen its efforts to increase the level of education of members of Roma communities, inter alia by raising awareness about the possibility for Roma children to receive instruction in their mother tongue, and by further promoting the recruitment of Roma teachers....“

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France

(18 April 2005, CERD/C/FRA/CO/16, Concluding observations on fifteenth/sixteenth report, paras. 13, 16, 17, 18 and 23)

“The Committee is also concerned at the unfavourable situation faced by immigrants and population groups of immigrant origin in the field of employment and education, despite the State party's substantial efforts in this area.

The Committee encourages the State party to follow the recommendations set out in the Court of Audit’s report on employment and education for immigrants and population groups of immigrant origin. The Committee draws the State party’s attention to its general recommendation XXV on gender-related dimensions of racial discrimination....

“While it appreciates the State party’s oral and written responses to questions relating to the situation of travellers, the Committee remains concerned at delays in the effective application of the Act of 5 July 2000 on the reception and housing of travellers and the persistent difficulties travellers encounter in such fields as education, employment and access to the social security and health system.

The Committee reminds the State party of its general recommendation XXVII on discrimination against Roma and recommends that it should ... intensify its efforts in the field of education and combat the phenomena of exclusion of travellers more effectively....

“The Committee shares the concerns expressed by the delegation relating to the increase in racist, anti-Semitic and xenophobic acts....

“The Committee takes note of the information supplied by the State party on the implementation of the Act of 15 March 2004 governing the wearing of symbols or clothing denoting religious affiliation in State primary and secondary schools, in pursuance of the principle of secularism.

The Committee recommends to the State party that it should continue to monitor the implementation of the Act of 15 March 2004 closely, to ensure that it has no discriminatory effects and that the procedures followed in its implementation always place emphasis on dialogue, to prevent it from denying any pupil the right to education and to ensure that everyone can always exercise that right.

“The Committee notes shortcomings in the teaching of the languages of certain ethnic groups – particularly Arabic, Amazigh or Kurdish – in the education system.

The Committee encourages the State party to promote the teaching of the languages of these groups in the education system, as proposed by the Stasi Commission in its report.”

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G

Germany

(21 August 2008, CERD/C/DEU/CO/18 Advanced Unedited Version, Concluding observations on sixteenth to eighteenth report, paras. 21, 22, 23 and 24)

“While taking note that the State party recognizes German Roma and Sinti as a national minority, the Committee is concerned that many Roma and Sinti continue to experience discrimination in the fields of education, employment and housing. (art. 5(e))

The Committee, recalling its general recommendation No. 27 (2000) on discrimination against Roma, recommends that the State party take special measures to improve the situation of all Roma and Sinti to overcome the disadvantages brought about by persistent discrimination, in particular in the fields of education, employment and housing....

“While noting current proposals for legislative change, the Committee is concerned by reports that the principle of compulsory primary education is not fully applied to children of asylum-seekers in Hesse, Baden-Württemberg and Saarland, with the effect that the children concerned encounter obstacles in connection with school enrolment. (art. 5(e) (v)) In light of its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee recommends that the State party ensure that children of asylum-seekers residing in the territory of the State party do not face any obstacles in connection with school enrolment.

“The Committee is concerned that children of immigrants are overrepresented in special schools for ‘under-achievers’ (Sonderschulen), mainly on account of their lack of adequate German language skills, and underrepresented in secondary and tertiary education. (art. 5(e) (v))

The Committee, recalling its general recommendation No. 30 (2004) on discrimination against non-citizens, recommends that the State party take effective measures to ensure the integration of children of non-citizens in the regular school system, and reconsider the problem of transfer of such children to Sonderschulen including the criteria for any such transfer, as well as improving current arrangements to support the German language skills of such children.

“The Committee is concerned about the fragile situation of the Sorbian school network in Saxony and Brandenburg, caused in part by falling school enrolment, which may have an impact on the general principle of the use of minority languages in the school system. (art. 5(e) (v))

The Committee recommends that the State party ensure effective implementation of the legal provisions with regard to the use of minority languages in the school system. The State party should encourage the authorities of Saxony and Brandenburg to consider means of strengthening the involvement of the Sorbian minority in decision-making in this field and ensure the continuation of a viable Sorbian school network, including secondary schools, in order to sustain Sorbian language and culture.”

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Greece

(14 September 2009, CERD/C/GRC/CO/16-19, Concluding observations on sixteenth to nineteenth report, paras. 16 and 17)

“While acknowledging the important special measures already adopted for the social integration of the Roma, the Committee is concerned about obstacles encountered by Roma persons with regard to access to work, housing, health care and education.

The Committee recommends that the State party undertake an evaluation of the results of the ‘Integrated Action Program for the social integration of Greek Roma’ in consultation with the respective communities, and adopt adequate measures to effectively improve the living conditions of the Roma, in accordance with article 5 of the Convention and general recommendation No. 27 (2000) on discrimination against the Roma.

“The Committee is concerned about the alleged limited access to quality minority education for the Turkish speaking minority in Western Thrace.

The Committee recommends that the State party improve the quality of education for the vulnerable ethnic groups and the Muslim minority, including through the training of teachers belonging to these groups, to ensure that there is a sufficient number of secondary schools, and to create pre-schools that teach in the mother tongue of their students.”

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Guatemala

(15 May 2006, CERD/C/GTM/CO/11, Concluding observations on eleventh report, paras. 7, 9 and 20)

“The Committee welcomes the promulgation of the Mayan Language Act and of legislation with respect to the wearing of regional indigenous dress in schools.

“The Committee welcomes Government Agreement No. 22-04, which provides for intercultural bilingual education as part of the national education system as well as measures for its practical implementation.

“The Committee is concerned by the high illiteracy rate that exists within the indigenous population, especially in rural areas, where 65 per cent of indigenous women are illiterate. The Committee is also concerned at the low primary school attendance among the indigenous population, especially indigenous young women and girls. (art. 5, subpara. (e) (v)).

The Committee urges the State party to take steps in the short and medium terms to implement measures to reduce illiteracy, especially in rural areas and among women and girls. The Committee recommends that the State party consider increasing the number of bilingual schools, particularly in rural areas. In this connection the Committee recommends that the State party pursue educational reform through culturally relevant curricula, bearing in mind the provisions of the Agreement on Identity and Rights of Indigenous Peoples.”

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Guyana

(4 April 2006, CERD/C/GUY/CO/14, Concluding observations on fourteenth report, paras. 7 and 20)

“The Committee welcomes information on the high literacy rate of the Guyanese population, as well as the efforts undertaken by the State party to increase the number of secondary schools in the hinterland areas.

“While noting with favour that the State party provides school uniforms to all indigenous children free of charge and that indigenous students are the only ethnic group for which special scholarship programmes exist, the Committee is nevertheless deeply concerned about the low secondary school and university attendance by indigenous children and students, as well as about the reported lack of qualified teachers, textbooks and classrooms at schools in areas predominantly inhabited by indigenous peoples. (Art. 5 (e) (v)).

The Committee urges the State party to ensure equal quality of teaching for, and increase school and university attendance by, indigenous children and adolescents and to that end, to the maximum of its available resources, intensify the training of, and provide incentives for, hinterland teachers, proceed with the construction of schools in hinterland areas, ensure the availability of culturally appropriate textbooks, including in indigenous languages, in schools with indigenous pupils, and further increase the outreach of scholarship programmes for indigenous pupils and students.”

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I

India

(5 May 2007, CERD/C/IND/CO/19, Concluding observations on nineteenth report, paras. 13 and 25)

“The Committee notes with concern that, despite the formal abolition of ‘Untouchability’ by article 17 of the Indian Constitution, de facto segregation of Dalits persists, in particular in rural areas, in access to places of worship, housing, hospitals, education, water sources, markets and other public places. (arts. 3 and 5) The Committee urges the State party to intensify its efforts to enforce the Protection of Civil Rights Act (1955), especially in rural areas, including by effectively punishing acts of ‘Untouchability’, to take effective measures against segregation in public schools and residential segregation, and to ensure equal access for Dalits places of worship, hospitals, water sources and any other places or services intended for use by the general public.

“While noting the constitutional guarantee of free and compulsory education for all children up to the age of 14 and the rapid growth of the literacy rate among Dalits, in particular girls, the Committee remains concerned about the high dropout rate among Dalit pupils at the primary and secondary levels, reports of classroom segregation and discrimination against Dalit pupils, teachers and mid-day meal cooks, and the poor infrastructure, equipment, staffing and quality of teaching in public schools attended by Dalit and tribal children. (art. 5 (e) (v))

The Committee recommends that the State party take effective measures to reduce dropout and increase enrolment rates among Dalit children and adolescents at all levels of schooling, e.g. by providing scholarships or other financial subsidies and by sensitizing parents as to the importance of education, combat classroom segregation and discrimination against Dalit pupils and ensure non-discriminatory access to the Mid-Day Meal Scheme, adequate equipment, staffing and quality of teaching in public schools, as well as physical access by Dalit and tribal pupils to schools in dominant caste neighbourhoods and armed conflict areas.”

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Ireland

(14 April 2005, CERD/C/IRL/CO/2, Concluding observations on initial/second report, paras. 5, 18 and 21)

“The Committee welcomes the enactment of a comprehensive legislative framework on anti-discrimination, which includes the Employment Equality Act 1998, the Equal Status Act 2000 and the Equality Act 2004, and notes with satisfaction that legislation to implement Council Directive 2000/43/EC of 29 June 2000, which prohibits discrimination on the grounds of racial or ethnic origin in employment, education, social protection and access to goods and services, is currently before Parliament.

“The Committee, noting that almost all primary schools are run by Catholic groups and that non-denominational or multidenominational schools represent less than 1 per cent of the total number of primary education facilities, is concerned that existing laws and practice would favour Catholic pupils in the admission to Catholic schools in case of shortage of places, particularly in the light of the limited alternatives available (art. 5 (d) (vii) and 5 (e) (v)).

The Committee, recognizing the ‘intersectionality’ of racial and religious discrimination, encourages the State party to promote the establishment of non-denominational or multidenominational schools and to amend the existing legislative framework so that no discrimination may take place as far as the admission of pupils (of all religions) to schools is concerned.

“While noting the efforts made so far by the State party with regard to the situation of members of the Traveller community in the field of health, housing, employment and education, the Committee remains concerned about the effectiveness of policies and measures in these areas (art. 5 (e)).

The Committee recommends to the State party that it intensify its efforts to fully implement the recommendations of the Task Force on the Traveller community, and that all necessary measures be taken urgently to improve access by Travellers to all levels of education, their employment rates as well as their access to health services and to accommodation suitable to their lifestyle.”

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Israel

(14 June 2007, CERD/C/ISR/CO/13, Concluding observations on thirteenth report, paras. 16, 21, 22, 24, 27 and 34)

“The Committee welcomes the fact that several pieces of legislation prohibit racial discrimination, for example in the field of health, employment, education, and access to products and services.... “The Committee notes with concern that military service provides highly advantageous access to various public services, for example in the fields of housing and education. Such a policy is not compatible with the Convention, bearing in mind that most Arab Israeli citizens do not perform national service. (Articles 2 and 5 of the Convention)

The Committee recommends that the State party adopt measures to ensure that access to public services is ensured to all without discrimination, whether direct or indirect, based on race, colour, descent, or national or ethnic origin.

“The Committee notes with deep concern that separate ‘sectors’ are maintained for Jewish and Arab persons, in particular in the areas of housing and education, and that according to some information, such separation results in unequal treatment and funding. The Committee regrets that information provided by the State party on this matter was not sufficiently detailed. (Articles 3, 5 and 7 of the Convention)

The Committee recommends that the State party assess the extent to which the maintenance of separate Arab and Jewish ‘sectors’ may amount to racial segregation. The State party should develop and implement policies and projects aimed at avoiding separation of communities, in particular in the areas of housing and education. Mixed Arab-Jewish communities and schools should be promoted and strong action taken to promote intercultural education. “The Committee notes the efforts made by the State party to promote development within the Arab sector, in particular through the Multi-year Plan (2001-2004). It remains concerned however that the lower level of education provision for Arab Israeli citizens is a barrier to their access to employment, and that their average income is significantly lower than that of Jewish citizens. It is also concerned by the discrepancies still remaining between the infant mortality rates and life expectancy rates of Jewish and non-Jewish populations, and by the fact that minority women and girl children are often the most disadvantaged. (Articles 2 and 5 (e) of the Convention)

The Committee recommends that the State party increase its efforts to ensure the equal enjoyment of economic, social and cultural rights by Arab Israeli citizens, in particular their right to work, health and education. The State party should assess the extent to which the alleged discriminatory attitudes of employers against Arabs, scarcity of jobs near Arab communities, and lack of daycare centers in Arab villages are a cause of high unemployment rates among Arabs. Bearing in mind its general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination, the Committee also recommends that the State party pay particular attention to the situation of Arab women in this regard.

“The Committee expresses concern about information, according to which the psychometric examinations used to test aptitudes, ability and personality, indirectly discriminate against Arabs in accessing higher education, an allegation that the State party has not commented upon as requested. (Articles 2 and 5 (e) (v) of the Convention) The State party should ensure that access to higher education is ensured for all without discrimination, whether direct or indirect, based on race, colour, descent, or national or ethnic origin.

“The Committee is deeply concerned that the severe restrictions on the freedom of movement in the Occupied Palestinian Territories, targeting a particular national or ethnic group, especially through the wall, checkpoints, restricted roads and permit system, have created hardship and have had a highly detrimental impact on the enjoyment of human rights by Palestinians, in particular their rights to freedom of movement, family life, work, education and health. It is also concerned that the Order on Movement and Travel (Restrictions on Travel in an Israeli Vehicle) (Judea and Samaria), of 19 November 2006, which bans Israelis from transporting Palestinians in their vehicles in the West Bank, except in limited circumstances, has been suspended but not cancelled. (Articles 2, 3 and 5 of the Convention)

The State party should review these measures to ensure that restrictions on freedom of movement are not systematic but only of temporary and exceptional nature, are not applied in a discriminatory manner, and do not lead to segregation of communities. The State party should ensure that Palestinians enjoy their human rights, in particular their rights to freedom of movement, family life, work, education and health.”

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Italy

(16 May 2008, CERD/C/ITA/CO/15, Concluding observations on fifteenth report, paras. 6 and 20)

“The Committee welcomes the memorandum of understanding for the protection of ‘gypsy, nomadic and camminanti’ minors signed by the association for nomads and the Ministry of Education in June 2005.

“While welcoming the initiatives taken by the Ministry of Education at both the central and local levels to ensure the integration and effective schooling of Roma children and to combat school failure and dropout, the Committee remains concerned about the low rate of school attendance by Roma children (art. 5 (e) (v)).

The Committee once again draws the attention of the State party to its general recommendation 27 and recommends that the State party strengthen its efforts to support the inclusion in the school system of all children of Roma origin and to address the causes of dropout rates, including any cases of early marriage, in particular of Roma girls, and, for these purposes, to cooperate actively with Roma parents, associations and local communities. It further recommends that it proceed to improve dialogue and communication between teaching personnel and Roma children, Roma communities and parents, including more frequent use of teaching assistants chosen from among the Roma.”

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K

Kazakhstan

(10 December 2004, CERD/C/65/CO/3, Concluding observations on initial/second/third report, para. 12)

“The Committee notes the absence of legislation regarding the status of languages and that little information has been provided by the State party on the participation of minorities in the elaboration of cultural and educational policies. The Committee is concerned that minority languages are not used in the educational system to an extent commensurate to the proportion of the different ethnic communities represented in the student body.

The Committee recommends that the State party adopt legislation on the status of languages and that it include detailed information in its next periodic report regarding the use of ethnic minority languages in education and how ethnic minorities participate in the elaboration of cultural and educational policies.”

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Kyrgyzstan

(16 August 2007, CERD/C/KGZ/CO/4, Concluding observations on fourth report, para. 14)

“The Committee notes with concern that according to reports received, curricula and textbooks for primary and secondary schools do not adequately reflect the multi-ethnic nature of the State party, and do not provide sufficient information on the history and culture of the different national and ethnic groups living in its territory (art. 7).

The Committee recommends that the State party include in curricula and textbooks for primary and secondary schools information about the history and culture of the different national and ethnic groups living in its territory, and encourage and support the publication and distribution of books and other printed materials, as well as the broadcasting of television and radio programmes about their history and culture. The Committee also recommends that the State party ensure the participation of national and ethnic minorities in the elaboration of such materials and programmes.”

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L

Lao People’s Democratic Republic

(18 April 2005, CERD/C/LAO/CO/15, Concluding observations on sixth to fifteenth report, paras. 19 and 24)

“The Committee notes with concern that, according to certain reports, a major obstacle to the education and vocational training of persons belonging to ethnic groups is the fact that education is provided only in Lao. Language barriers are also apparently responsible for the many problems encountered in obtaining access to social services (art. 5).

The Committee recommends to the State party that it take all possible measures to ensure that persons belonging to ethnic groups receive education and vocational training in their mother tongue and that it increase its efforts to ensure that they learn Lao.”

“The Committee notes with concern that the State party claims that it is unable to introduce human rights education programmes in schools....

The Committee recommends to the State party that it introduce, if necessary with the assistance of the international community, education programmes in schools on human rights and combating racial discrimination....”

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Lebanon

(28 April 2004, CERD/C/64/CO/3, Concluding observations on fourteenth to sixteenth report, para. 9)

“The Committee welcomes the inclusion in school curricula of human rights education and in particular the concept of combating discrimination, especially racial discrimination, and promoting tolerance.”

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Libyan Arab Jamahiriya

(10 May 2004, CERD/C/64/CO/4, Concluding observations on fifteenth to seventeenth report, paras. 15 and 17)

“The Committee notes that, according to some information, there is no recognition of Amazigh language and culture in the Libyan Arab Jamahiriya and Amazighs are impeded from preserving and expressing their cultural and linguistic identity.

The Committee stresses the obligation of the State party, under article 5 of the Convention, to respect the right of Amazighs to enjoy their own culture and to use their own language, in private and public, freely and without discrimination. It invites the State party to enhance the enjoyment of the right of association for the protection and promotion of Amazigh culture, and to take measures especially in the field of education in order to encourage knowledge of the history, language and culture of Amazighs.

“The Committee takes note of the reportedly insufficient human rights education programmes in school curricula, in particular regarding the promotion of tolerance and respect for religious and ethnic minorities.

The Committee encourages the State party to strengthen its efforts in this area, and to submit detailed information on this issue in its next periodic report.”

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Liechtenstein

(7 May 2007, CERD/C/LIE/CO/3, Concluding observations on third report, para. 21)

“While the Committee welcomes the efforts made by the State party to support the learning of the German language by migrant children and their mothers so as to address the relatively poor educational performance of children with foreign mother tongues, the Committee notes with concern that the language disadvantage may not be the sole reason for the difficulties experienced by these children in the school system. In this connection, the Committee notes the finding by the State party that ‘the more foreign the parents, the greater their need for support structures’ ( written replies to the list of issues, page 15) (arts. 5 e) v) and 7).

In addition to the intensive language classes to support the learning of the German language by migrant children and their parents, the Committee recommends that the State party consider the adoption of additional measures to address the particular learning disadvantage faced by these children, by, inter alia, ensuring that child support and other social services take into consideration the particular needs of parents of foreign origin, and training of teachers in culturally sensitive teaching methods.”

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Lithuania

(21 March 2006, CERD/C/LTU/CO/3, Concluding observations on third report, paras. 4, 5 and 19)

“The Committee commends the amendment to the Law on Education which recognizes the right of everyone to education without discrimination and contains, inter alia, provisions regulating education in, and teaching of, languages of national minorities.

“The Committee takes note with satisfaction of the statement made by the delegation that ratification of the UNESCO Convention against Discrimination in Education is currently under consideration and encourages the State Party to proceed with such ratification.

“The Committee continues to express concern at the marginalization of Roma children in the school system (art.5). The Committee recommends that the State party ensure the equal enjoyment of the right to education for Roma children. The Committee further recommends that the State party intensify its efforts to raise the level of achievement in schools for Roma children, to recruit additional school personnel from among members of Roma communities to provide for the possibility of bilingual or mothertongue education.”

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Luxembourg

(18 April 2005, CERD/C/LUX/CO/13, Concluding observations on tenth to thirteenth report, para. 11)

“The Committee also notes with satisfaction school curricula that promote interculturalism, a certain number of mother-tongue classes for immigrant children and the introduction of intercultural mediators in schools.”

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M

Mauritania

(10 December 2004, CERD/C/65/CO/5, Concluding observations on sixth/seventh report, paras. 20, 21 and 22)

“The Committee notes with concern that no provision is made in the educational curriculum for the inclusion of the national languages Pulaar, Soninke and Wolof.

The Committee recommends that the State party study this question again in consultation with the population groups concerned and that it consider including national languages in the education system for those children who wish to receive an education in those languages. The Committee recalls that, in any event, education in national languages should not lead to the exclusion of the group concerned and should meet the minimum standards with regard to the quality of the courses offered.

“The Committee notes with concern the State party's policy of ensuring that the curricula in private and public schools are identical. While taking account of the State party's desire to monitor the quality of private education, the Committee nevertheless has doubts whether such control over private schools is conducive to the teaching of the languages and cultures of minority groups.

The Committee recommends that the State party respect parents' freedom to choose the type of education they wish for their children and to choose for their children private schools that offer programmes meeting their expectations in terms of culture and language.

“The Committee is concerned about the delegation's statement that the Berber language is no longer spoken in Mauritania. According to some reports, a minority still uses this language, which is in danger of disappearing from the country.

The Committee recommends that the State party, in consultation with the community concerned, take steps to preserve the Berber language. Room should be made for Berber language, history and civilization in school textbooks, education and cultural events.”

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Mongolia

(19 October 2006, CERD/C/MNG/CO/18, Concluding observations on eighteenth report, para. 21)

“The Committee is concerned about the lack of practical measures to support minority languages and to facilitate access to education by children belonging to ethnic minority groups. Furthermore, the Committee, while appreciating the State party’s efforts to provide Kazakh children with education in their native language, is also concerned about the lack of measures to ensure that children whose mother tongue is a minority language, including Kazakh children, are provided with adequate opportunities to learn Mongolian as a second language (art. 5 (e) (v) and (vi)).

The Committee recommends to the State party that it facilitate the participation of ethnic minorities in the elaboration of cultural and educational policies that will enable persons belonging to minorities to learn or to have instruction in their mother tongue, as well as in the official language. The Committee requests that the State party include in its next periodic report detailed information on this issue, and provide the text of the Official Language Law and the Law on Culture.”

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Montenegro

(16 March 2009, CERD/C/MNE/CO/1, Concluding observations on initial report, paras. 16 and 17)

“The Committee acknowledges the various measures to advance the situation of the Roma. However, the Committee is concerned that, despite compulsory school education and the various measures undertaken by the State party such as the Roma Education Initiative which introduced Roma assistants in some schools, a disproportionately large number of Roma children are not enrolled in schools, have high drop-out rates and do not complete higher education. The Committee is also concerned at the large number of Roma from Kosovo who face problems in accessing education due to their lack of proficiency in Montenegrin as well as lack of documents (art. 5 (e) (v)).

The Committee recommends that the State party continue to address the various factors responsible for the low level of education among the Roma with a view to improving enrolment and completion of their education. It also recommends that the State party continue its efforts to facilitate the integration of minority pupils into mainstream education, including by providing language support in preschool education.

“The Committee is concerned that socio-economic and living conditions of the Roma continue to be precarious and discriminatory in the spheres of education.... (art. 5 (e))

The State party should implement stronger special measures targeting the Roma community to enable them to have practical access to education, employment in the public administration, healthcare and social welfare in a non-discriminatory manner, paying due attention to general recommendation 27 (2000) on discrimination against Roma.“

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Mozambique

(17 August 2007, CERD/C/MOZ/CO/12, Concluding observations on twelfth report, para. 9)

“The Committee also acknowledges with appreciation the language policy of the State party, which includes the use of local languages, together with the official language, in the curricula of primary schools as well as the promotion of national languages and cultures, as prescribed in the Constitution.”

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N

Namibia

(19 August 2008, CERD/C/NAM/CO/12 Advance Unedited Version, Concluding observations on eighth to twelfth report, paras. 6, 13 and 21)

“The Committee welcomes the State party’s efforts to combat segregation and racial discrimination in various areas, particularly education.

“The Committee notes with appreciation the legal provisions regarding the desegregation of the educational system. However, it remains concerned about the persistence of de facto discrimination regarding access to education, as well as the high illiteracy rate that continues to exist among marginalized parts of the population. (arts. 3 and 5(e)(v)).

The Committee urges the State party to strengthen the implementation of its laws and policies aimed at the desegregation of education. In particular, the State party should increase its efforts aimed at reducing illiteracy, especially among the most marginalized communities....

“The Committee acknowledges ... the steps taken by the State party to improve the economic and social situation of the indigenous communities, including by mobile school units, scholarships for San children, and non-discrimination training for employers. However, it remains concerned about the extreme poverty of the indigenous communities and its impact on their equal enjoyment of human rights. The Committee is particularly concerned about ... their low level of school attendance....(art. 5(e))

The Committee recommends that the State party enhance its efforts to reduce poverty and to stimulate economic growth and development for the most marginalized groups, namely the indigenous communities, especially with regard to education and health....”

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Nepal

(28 April 2004, CERD/C/64/CO/5, Concluding observations on fifteenth/sixteenth report, paras. 18 and 20)

“The Committee is concerned that, although the system of agricultural bonded labour known as Kamaiya was abolished in July 2000, the emancipated Kamaiyas are facing many problems, including lack of housing, land, work and education for their children.

The Committee recommends that the State party ensure effective enforcement of the Bonded Labour Prohibition Act 2002 and programmes adopted to put an end to the practice and discrimination against Kamaiyas. It further requests the State party to include information on the implementation of the act in its next periodic report.

“The Committee notes that governmental action has been taken to sensitize the general public, including members of vulnerable groups, against discriminatory traditional customs and societal attitudes.

The Committee recommends that the State party take further measures to ensure the training and education of teachers, social workers and law enforcement officials, especially those deployed against the insurgents as well as the political segments of the society. The Committee encourages the State party to carry out comprehensive public education campaigns and to include intercultural education in school curricula.”

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Netherlands

(10 May 2004, CERD/C/64/CO/7, Concluding observations on fifteenth/sixteenth report, para. 12)

“The Committee regrets that no reference is made in the report to article 3 of the Convention in relation to racial segregation and continues to express concern at the situation of de facto school segregation in some parts of the country.

In the light of its general recommendation XIX on the prevention, prohibition and eradication of racial segregation and apartheid, the Committee recalls that racial segregation can also arise without any initiative or direct involvement by the public authorities and encourages the State party to continue monitoring all trends which may give rise to racial or ethnic segregation and take measures to minimize the resulting negative consequences. Furthermore, the Committee invites the State party to provide in its next periodic report information on any action taken to address this issue.”

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New Zealand

(15 August 2007, CERD/C/NZL/CO/17, Concluding observations on seventeenth report, paras. 7, 20 and 23)

“The Committee appreciates the reduction of socio-economic disparities between Maori and Pacific peoples on the one hand, and the rest of the population on the other, in particular in the areas of employment and education. “The Committee notes with concern that the New Zealand Curriculum, Draft for consultation 2006, does not contain explicit references to the Treaty of Waitangi. It notes, however, the assurances provided by the State party that other elements of the National Educational Guidelines as well as the Educational Act 1989 require an explicit reference to the Treaty of Waitangi, and that it is considering the recommendation to make references to the Treaty more explicit in the final version of the New Zealand Curriculum (arts. 2 and 7).

The Committee encourages the State party to include references to the Treaty of Waitangi in the final version of the New Zealand Curriculum. The State party should ensure that references to the Treaty in the curriculum are adopted or modified in consultation with the Maori.

“The Committee notes with satisfaction that the State party has decided to lift its reservation to the Convention on the Rights of the Child that limits access to publicly funded education and health services for undocumented children, and that it plans to amend its Immigration Act to eliminate the offence for education providers of enrolling children without the appropriate permit. It remains concerned however that under the new Immigration Bill, undocumented children will only be authorized to attend school provided they are not alone in New Zealand and their parents are taking steps to regularize their status (arts. 2 and 5).

The Committee draws the attention of the State party to its general recommendation No. 30 (2004) on discrimination against non-citizens, and recommends that public educational institutions be open to all undocumented children, without restrictions.”

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Nicaragua

(... March 2008, CERD/C/NIC/CO/14 Unedited version, Concluding observations on fourteenth report, paras. 8 and 24)

“The Committee notes with satisfaction the entry into force in 2006 of the General Education Act establishing the Regional Autonomous Education System (SEAR), and hopes that such law recognize the rights of indigenous peoples and ethnic communities of the Caribbean coast to intercultural education in their mother tongues.

“While noting with satisfaction the Plan for the Regional Autonomous Education System (SEAR) 2003-2013 under the new General Education Act, the Committee is concerned at the high illiteracy rate among the indigenous peoples and afrodescendant communities, especially in the Autonomous Region of the North Atlantic (art. 5 (e) (v)).

The Committee encourages the State party to take action in the short and medium term to reduce illiteracy, especially in the Autonomous Region of the North Atlantic.”

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Nigeria

(27 March 2007, CERD/C/NGA/CO/18, Concluding observations on fourteenth to eighteenth report, paras. 9, 18 and 24)

“The Committee notes with appreciation the provision of mobile schools for children of nomadic communities.

“The Committee is concerned about the persistence of discrimination against persons belonging to various ethnic groups in the fields of employment, housing and education, including discriminatory practices by people who consider themselves to be the original inhabitants of their region against settlers from other states....

The Committee recommends that the State party continue to promote equal opportunities for all persons without discrimination in order to ensure their full enjoyment of their rights, in accordance with article 2, paragraph 2, and article 5 of the Convention....

“The Committee, while taking note of information on measures taken by the State party to enhance better understanding, respect and tolerance between different ethnic groups living in Nigeria, is of the view that the measures taken to promote intercultural understanding and education between ethnic groups are unsatisfactory (art. 7).

The Committee recommends that the State party strengthen measures to promote understanding, tolerance and friendship between ethnic groups, including comprehensive public education campaigns and intercultural education in school curricula. The Committee requests the State party to provide more detailed information on this issue in its next periodic report.”

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Norway

(19 October 2006, CERD/C/NOR/CO/18, Concluding observations on eighteenth report, para. 22)

“The Committee is concerned regarding the high dropout rate of immigrant children in upper secondary education (art. 5 (e) (v)).

The Committee urges the State party to take measures to strengthen participation of children of immigrant backgrounds in upper secondary education. In light of its general recommendation 30, the Committee recommends that the State party ensure that public educational institutions are open to non-citizens and children of undocumented migrants residing in the territory of the State party. It also recommends that it ensure the effective application of the Plan of Action against dropout in upper secondary education 2004-2006.”

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O

Oman

(19 October 2006, CERD/C/OMN/CO/1, Concluding observations on initial report, para. 9)

“The Committee welcomes information included in the report concerning the inclusion in school curricula of courses designed to combat racial discrimination and to promote human rights, understanding and tolerance among individuals and groups of different ethnic origins or religious beliefs.”

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P

Pakistan

(16 March 2009, CERD/C/PAK/CO/20, Concluding observations on fifteenth to twentieth report, para. 22)

“The Committee ... is also concerned that minority languages may not be used in the educational system to an extent commensurate to the proportion of the different ethnic communities represented in the student body. (art. 5 (e) (vii))

The Committee recommends that the State party ... aim to preserve minorities’ languages and culture by, inter alia, encouraging and promoting the use of mother tongues in the fields of education.... It invites the State party to include, in its next periodic report, detailed information regarding the use of ethnic minority languages“.

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Peru

(3 September 2009, CERD/C/PER/CO/14-17, Concluding observations on fourteenth to seventeenth report, paras. 16 and 18)

“The Committee expresses concern at the limited enjoyment of economic, social and cultural rights by indigenous peoples and Afro-Peruvian communities, in particular with regard to housing, education, health and employment, despite the economic growth in the State party.

The Committee recommends that the State party take the necessary steps to achieve effective protection from discrimination against the indigenous peoples and Afro Peruvian communities in various domains, in particular, employment, housing, health and education....

“While the Committee takes note of the progress made recently in efforts to combat illiteracy within the indigenous and Afro-Peruvian population, it continues to be concerned at the illiteracy rate among the indigenous peoples and Afro-Peruvian communities. Furthermore, while the Committee welcomes efforts to establish a bilingual educational system, it is concerned at the shortcomings in applying the intercultural bilingual system in practice.

The Committee encourages the State party to take action in the short and medium term to implement effective measures that will reduce illiteracy among indigenous people and Afro-Peruvians. Also, the next report of the State party should include specific data on the percentage of indigenous people and Afro-Peruvians who have access to primary, secondary and university education.”

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Poland

(14 September 2009, CERD/C/POL/CO/19, Concluding observations on seventeenth to nineteenth report, paras. 3, 4 and 5)

“The Committee notes with appreciation the following measures taken by the State party since the examination of its last periodic report: ...

f) the efforts to educate children on racism and the importance of tolerance, including through the vetting of textbooks and educational materials with a view to the removal of racist and other discriminatory content;

g) the progressive abolition of separate education for Roma school children....

“The Committee, while noting measures to address discrimination against the Roma, such as the 2003 Programme for the Roma Community in Poland, remains concerned about the continued social marginalization and discrimination faced by members of the Roma minority, particularly in the fields of education.... (arts. 2 and 5)

The Committee recommends that the State party, taking into account general recommendation No. 27 (2000) on discrimination against Roma:

a) enhance its efforts towards the full integration of the Roma into Polish society and combat discrimination against the Roma by improving the enjoyment of economic, social and cultural rights, particularly in education....

“While welcoming the State party’s innovative approach to the education of Roma children, including the introduction of Roma Teaching Assistants and the gradual phasing-out of separate education, the Committee notes with concern that many Roma children do not attend or remain in school and do not pursue higher education. The Committee is also concerned that a lack of facility in the Polish language places Roma children at a severe disadvantage in accessing opportunities for education. (arts. 2 and 5)

The Committee recommends that the State party, taking into account its general recommendation No. 27 (2000) on discrimination against Roma:

a) implement the necessary measures to address the low attendance levels of Roma children, giving due weight to all the factors which account for these levels;

b) develop and implement strategies to improve access to mainstream education for Roma children;

c) increase the availability of bilingual education....”

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Portugal

(10 December 2004, CERD/C/65/CO/6, Concluding observations on tenth/eleventh report, paras. 5 and 13)

“The Committee notes with appreciation the work performed by the Office of Multiculturalism, especially in promoting numerous programmes and projects in the field of education in respect of children belonging to ethnic minorities, in particular Roma/gypsies.

“While the Committee notes the measures taken by the State party to improve the situation of Roma/gypsies, it remains concerned about the difficulties faced by many members of this community in the fields of employment, housing and education, as well as reported cases of discrimination in daily life....

The Committee urges the State party to continue taking special measures in accordance with article 2, paragraph 2, of the Convention to ensure the adequate protection of Roma/gypsies and to promote equal opportunities for the full enjoyment of their economic, social and cultural rights.”

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R

Republic of Korea

(17 August 2007, CERD/C/KOR/CO/14, Concluding observations on fourteenth report, paras.11 and 12)

“While welcoming the recent adoption of the Act on the Treatment of Foreigners in Korea, aimed at eliminating discrimination against persons of foreign origin and facilitate their integration in Korean society, the Committee remains concerned about the persistence of widespread societal discrimination against foreigners, including migrant workers and children born from inter-ethnic unions, in all areas of life, including employment, marriage, housing, education and interpersonal relationships (arts. 2 and 5).

The Committee requests that the State party provide an English translation of the Act on the Treatment of Foreigners in Korea, as well as detailed information on its implementation. The Committee also recommends that the State party, in accordance with articles 2 and 5 of the Convention, adopt further measures, including legislation, to prohibit and eliminate all forms of discrimination against foreigners, including migrant workers and children born from inter-ethnic unions, and to guarantee the equal and effective enjoyment by persons of different ethnic or national origin of the rights set out in article 5 of the Convention.

“The Committee notes with concern that the emphasis placed on the ethnic homogeneity of the State party may represent an obstacle to the promotion of understanding, tolerance and friendship among the different ethnic and national groups living on its territory. In this regard, while appreciating the explanation provided by the delegation that references to concepts such as ‘pure blood’ and ‘mixed-bloods’ in paragraphs 43 to 46 of the report are to be intended as a mere description of a terminology still in use in the State party, the Committee is nonetheless concerned that such terminology, and the idea of racial superiority that it may entail, continues to be widespread in Korean society (arts. 2 and 7).

The Committee requests that the State party provide in its next periodic report disaggregated statistical data on the number of persons born from inter-ethnic unions living on the territory of the State party. The Committee recommends that the State party adopt appropriate measures in the fields of teaching, education, culture and information, to recognize the multi-ethnic character of contemporary Korean society and overcome the image of Korea as an ethnically homogeneous country, which no longer corresponds to the actual situation existing in the State party. In this regard, the Committee recommends that the State party include in curricula and textbooks for primary and secondary schools information about the history and culture of the different ethnic and national groups living on its territory, as well as human rights awareness programmes aimed to promote understanding, tolerance and friendship among all racial, ethnic and national groups.”

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Republic of Moldova

(16 May 2008, CERD/C/MDA/CO/7, Concluding observations on seventh report, paras. 6, 18 and 19)

“The Committee notes with appreciation that the State party has included education on the Holocaust and the causes of the genocide of Jews and Roma between 1941 and 1944 in school curricula, and that modern history textbooks contain chapters on the Holocaust and the genocide of Jews and Roma.

“The Committee notes with concern that the Ukrainian, Gagauz and Bulgarian languages and cultures are taught as subjects only in a limited number of schools where the language of instruction is Russian, that Ukrainian or Bulgarian are the language of instruction only in certain classes in a few experimental schools, that there are no schools where the Roma, Azeri or Tatar language and culture are taught, and that the quality of Moldovan language education for minority children is reportedly poor (art. 5 (e) (v)).

The Committee recommends that the State party intensify its efforts to provide adequate opportunities for minority children to receive instruction in their native language and in Moldovan, and/or study their language and culture throughout the entire cycle of education, including by (a) extending the teaching of Ukrainian, Gagauz and Bulgarian to schools where the language of instruction is Moldovan; (b) increasing the number of schools where these languages are the language of instruction; and (c) introducing languages of numerically smaller minorities as school subjects whenever there is sufficient demand. The State party should also continue and intensify further its efforts to improve the quality of Moldovan language education for minority children. In that context, it is encouraged to proceed with its planned accession to the European Charter for Regional or Minority Languages, and to consider applying it also to numerically smaller minorities.

“The Committee notes with concern the reported low school attendance and high dropout rates among Roma children, as well as reports that only very few Roma students have received State scholarships for higher education and that none has been admitted under the 15 per cent quota of the total number of places in higher education (for each subject, profession and type of college) that have been reserved for certain disadvantaged groups, including the Roma (art. 5 (e) (v)).

The Committee recommends that the State party provide financial support to Roma families to cover the cost of school books, transport and other indirect costs of schooling, offer special Moldovan language classes for Roma children, cater for the needs of Roma pupils whose parents work as seasonal workers abroad, include Roma language and culture in school curricula, and continue and intensify its efforts to raise awareness among Roma families about the importance of education starting from preschool. It also recommends that the State party make full use of available scholarship schemes and quotas to increase Roma participation in higher education.”

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Russian Federation

(20 August 2008, CERD/C/RUS/CO/19 Advance Unedited Version, Concluding observations on eighteenth and nineteenth report, paras. 14 and 27)

“The Committee is concerned at the absence of a federal government programme addressing the social and economic marginalization of the Roma (art. 2 and 5 (e)).

The Committee recommends that the State party adopt a national plan of action that includes special measures for the promotion of access by Roma to employment, personal documents, residence registration, adequate housing with legal security of tenure, education and other economic, social and cultural rights, in accordance with general recommendation 27 (2000) on discrimination against Roma, and allocate sufficient resources for the effective implementation of that plan.

“The Committee notes with concern reports about segregation of children belonging to ethnic minorities, in particular Roma, in special remedial classes, as well as about instances where ethnic minority children whose parents lack residence registration were denied access to education by local school authorities, despite contrary instructions from the Federal Ministry of Education (art. 5 (e) (v)).

The Committee recommends that the State party carefully review the criteria by which children are allocated to special remedial classes and take effective measures to ensure that ethnic minority children, including Roma, are fully integrated into the general education system. It further recommends that the State party ensure that local school authorities admit all children, irrespective of ethnicity and registration status of their parents.”

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S

Slovakia

(10 December 2004, CERD/C/65/CO7, Concluding observations on fourth/fifth report, para. 8)

“While the Committee welcomes the extensive measures adopted by the State party in the field of education aimed at improving the situation of Roma children, including the ‘Roma assistants’ project, it continues to express concern at de facto segregation of Roma children in special schools, including special remedial classes for mentally disabled children.

The Committee recommends that the State party prevent and avoid the segregation of Roma children, while keeping open the possibility of bilingual or mother-tongue education. The Committee further recommends that the State party intensify its efforts to raise the level of achievement in school by Roma children, recruit additional school personnel from among members of Roma communities and promote intercultural education.”

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South Africa

(19 October 2007, CERD/C/ZAF/CO/3, Concluding observations on third report, paras. 13, 18, 22 and 27)

“The Committee remains concerned by the de facto segregation that persists as a legacy of apartheid in spite of the measures the State party has adopted to put an end to this situation, especially regarding ownership of property, access to finance, and social services such as health, education and housing (art. 3).

In the light of general recommendation 19 (1995) on racial segregation and apartheid, the Committee recommends that the State party include detailed information in its next periodic report on the specific measures adopted to address the situation of de facto segregation that persists in the State party, and that it provide information on the impact of these measures.

“While noting the promulgation of the Restitution of Land Rights Amendment Act of 2004 and the post-settlement support programmes, the Committee is concerned about the extent of restitution, the sustainable development of resettled communities and the enjoyment of their rights under the Convention, in particular their rights to housing, health, access to water and education (art. 5 (e)).

The Committee encourages the State party to strengthen its policy of land restitution and post-settlement support in order to ensure to those resettled ethnic communities an improvement in the enjoyment of their economic, social and cultural rights under the Convention.

“While noting the constitutional rights to receive education in the language of one’s own choice, the Committee wishes to point out the lack of information on the implementation of these rights as well as on the measures taken with regard to the promotion of constitutionally recognized languages, inter alia, the Khoi, San, Nama and sign languages. The Committee also notes the absence of information on the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (art. 5 (e)).

The Committee recommends that the State party provide information on all languages recognized in the Constitution, especially their use in education, and on the measures to promote indigenous languages, as well as on the status, activities and resources of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities.

“While acknowledging the ‘Roll Back Xenophobia’ campaign, the Committee remains concerned at the persistence of xenophobic attitudes in the State party and negative stereotyping of non-citizens, including by law enforcement officials and in the media, as well as at reports of racist behaviour and prejudices, in particular in schools and farms, and the inefficiency of the measures to prevent and combat such phenomena (art. 7).

The Committee recommends that the State party strengthen its existing measures to prevent and combat xenophobia and prejudices which lead to racial discrimination, and provide information on the measures adopted with regard to promoting tolerance, in particular in the field of education and through awareness-raising campaigns, including in the media.”

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Spain

(28 April 2004, CERD/C/64/CO/6, Concluding observations on sixteenth/seventeenth report, paras. 8 and 15)

“The Committee equally notes with satisfaction the extensive measures taken in the social, economic, cultural and other spheres in connection with the Gypsy community, including inter alia:

a) the further implementation of the Gypsy Development Programme, aimed at promoting access for members of the Gypsy community – on terms of equality with the rest of the population – to public education, health, housing, employment; ...

c) the Gypsy Education Group aimed at improving the current situation regarding education for Gypsy children and young people.

“With respect to article 5 of the Convention, while the Committee notes with satisfaction the extensive measures taken by the State party in order to improve the overall situation of Gypsies, it is concerned about the difficulties still faced by a large part of them in the fields of employment, housing and education, as well as about reported cases of discrimination in daily life.

The Committee draws the attention of the State party to its general recommendation XXVII on discrimination against Roma (Gypsies) and recommends that the State party take all necessary measures with a view to promoting tolerance and overcoming prejudices and negative stereotypes in order to avoid any form of discrimination against members of the Roma (Gypsy) community.”

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Suriname

(13 March 2009, CERD/C/SUR/CO/12, Concluding observations on eleventh and twelfth report, paras. 15 and 16)

“The Committee reiterates its concern with regard to repeated information highlighting the fact that children from indigenous or tribal groups continue to experience discrimination in, inter alia, access to education.... The Committee notes that this discrimination relates to indigenous and tribal communities living in the interior as well as to those in assimilated suburban settings. However, it regrets that in the absence of disaggregated statistical information, the Committee finds it difficult to assess the extent of equal enjoyment of the rights guaranteed in the Convention. (art.5)

The Committee recommends that the State party provide relevant statistical information, on including budgetary allocations in subsequent reports and emphasizes that such data is necessary to ensure the application of adequate legislation to ensure equal enjoyment of economic, social and cultural rights by Surinamese citizens.

“The Committee expresses concern that no special measures are taken to preserve the native languages of the country’s indigenous and tribal people, and that this is reflected in the area of education. Of particular concern are the illiteracy rates that are almost double the national average for indigenous and tribal peoples. (art. 5)

The Committee, appreciating the value of multilingual education, reiterates its recommendation that the State party take steps to give adequate recognition to native languages and encourages the State party to seek strategies with a view to introducing bilingual education.“

(28 April 2004, CERD/C/64/CO/9, Concluding observations on initial to tenth report, paras. 19 and 21)

“The Committee is disturbed at the continuing lack of health and education facilities and utilities available to indigenous and tribal peoples. It regrets that no special measures have been taken to secure their advancement on the grounds that there are no available data suggesting that they need special protection.

The Committee recommends that greater efforts be undertaken by the State party, in particular as regards the education plan of action for the interior. It also recommends the inclusion in agreements with large business ventures – in consultation with the peoples concerned – of language specifying how those ventures will contribute to the promotion of human rights in areas such as education.

“While noting the State party’s legitimate desire to ensure that the official language is taught and to promote the teaching of Spanish and English, the Committee is disturbed at the lack of plans to preserve the native languages of the country’s indigenous and tribal peoples. It is also concerned that Sranan Tongo, which is spoken by the majority of the population, is not given sufficient prominence in education.

The Committee invites the State party to encourage the learning of mother tongues, in particular Sranan Tongo, with a view to preserve the cultural and linguistic identity of the various ethnic groups.”

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Sweden

(21 August 2008, CERD/C/SWE/CO/18 Advance Unedited Version, Concluding observations on seventeenth and eighteenth report, paras. 18 and 22)

“While welcoming the efforts made by the State party to eliminate discrimination against the Roma, such as the establishment of a Delegation for Roma Issues in 2006, and noting the establishment of a working group on education within the framework of this Delegation, the Committee remains concerned about the limited enjoyment by members of the Roma community of the rights enshrined in the Convention, especially the rights to education, employment, housing and access to public places. (arts. 2, 5, and 6)

In light of its general recommendation no. 27 (2000) on discrimination against Roma, the Committee recommends that the State party strengthen its efforts to increase the level of education of members of Roma communities, inter alia by raising awareness about the possibility for Roma children to receive instruction in their mother tongue, and by further promoting the recruitment of Roma teachers....

“The Committee expresses concern about the continuing discrimination against the Sami in many segments of Swedish society. It is also concerned that despite the State party’s effort to increase awareness of the possibility of schools providing mother tongue tuition, such awareness remains low among members of the Sami community. (arts. 5 (e)) ... The State party is encouraged to raise greater awareness among the Sami regarding the availability of mother tongue tuition and to implement distance learning programmes as a measure to avoid teacher shortfalls and lack of funding....”

(10 May 2004, CERD/C/64/CO/8, Concluding observations on fifteenth/sixteenth report, para. 11

“While the Committee acknowledges with satisfaction the initiatives taken by the State party to improve the situation of the Roma, such as the establishment of a Council for Roma Issues in 2002 as an advisory body to the Government, it remains concerned about the difficulties still faced by a large part of the Roma community in areas such as employment, housing and education.

The Committee draws the attention of the State party to its general recommendation XXVII on discrimination against Roma and encourages the State party to intensify its efforts to implement national strategies and programmes in these areas, including the biennial strategic programme of the Ombudsman against Ethnic Discrimination, with a view to improving the situation of the Roma and their protection against discrimination.”

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Switzerland

(21 August 2008, CERD/C/CHE/CO/6 Advanced Unedited Version, Concluding observations on fourth to sixth report, para. 19)

“While noting with appreciation that Travellers/Yenish have been recognized by the State party as a national cultural minority under the Council of Europe’s Framework Convention for the Protection of National Minorities, the Committee remains concerned that Travellers, including Yenish, Sinti and Roma, are still subjected to numerous disadvantages and forms of discrimination, particularly in the areas of housing and education. It notes with concern the lack of adequate measures to protect their language and culture as well as the persistence of racial stereotyping against them. (arts.2 and 5)

The Committee recommends once again that the State party strengthen its efforts to improve the situation of Travellers, in particular with regard to the means and enjoyment of their rights to housing, education and cultural rights....”

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T

Tajikistan

(10 December 2004, CERD/C/65/CO/8, Concluding observations on initial to fifth report, paras. 17 and 22)

“The Committee, while appreciating the State party's efforts to provide children belonging to ethnic minorities with education in their native languages, notes with regret that there is an insufficient number of Uzbek textbooks in the Latin alphabet, adapted to new curricula.

The Committee encourages the State party to undertake consultations with the Uzbek minority and make every effort to address their concerns on this issue. The State party should submit additional information on the effective implementation of the Education Act, in particular on the number of schools teaching in minority languages and their geographical distribution, the quality of education provided and the difficulties encountered, if any.

“The Committee regrets the lack of information on action taken by the State party to enhance better understanding, respect and tolerance between ethnic groups in Tajikistan, in particular on programmes, if any, that have been adopted to ensure intercultural education.

The State party should adopt measures to promote intercultural understanding and education between ethnic groups, in particular in the areas of teaching, education, culture and information. It should provide more detailed information on this issue in its next periodic report.”

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The Former Yugoslav Republic of Macedonia

(13 June 2007, CERD/C/MKD/CO/7, Concluding observations on seventh report, paras. 14, 17 and 18)

“The Committee is deeply concerned about the difficulties that some Roma experience in obtaining personal documents, including birth certificates, identity cards, passports and other documents related to the provision of health insurance and social security benefits (art. 5 (e) of the Convention).

The Committee, in the light of its general recommendation No. 27 (2000) on discrimination against Roma, urges the State party to take immediate steps to remove all administrative obstacles that currently prevent Roma from obtaining personal documents that are necessary for the enjoyment of economic, social and cultural rights, such as employment, housing, health care, social security and education.

“The Committee notes with concern that despite the efforts made by the State party to increase the participation of ethnic Albanian and Turkish pupils in the secondary and higher levels of education, the drop-out rate from the school system of children belonging to these communities remains high (article 5 (e) (v) of the Convention).

The Committee recommends that the State party intensify its efforts to reduce the high drop-out rate in the secondary and higher levels of education among ethnic Albanian and Turkish children. In this regard, the Committee encourages the State party to improve the quality of teaching in Albanian and Turkish schools, inter alia by ensuring the availability of textbooks in minority languages and adequate training of teachers instructing in these languages. In order to facilitate access to higher education, the Committee further recommends that the State party take steps to ensure that ethnic Albanian and Turkish children have access to Macedonian language classes.

“While acknowledging the efforts undertaken by the State party under the Roma Strategy and Decade to improve the access to education of Roma children, the Committee remains concerned about the low attendance and high drop-out rate of Roma children from primary school (article 5 (e) (v) of the Convention).

The Committee recommends that the State party intensify its efforts to increase the levels of education of members of Roma communities, inter alia by:

  1. taking immediate steps to eliminate negative prejudices and stereotypes regarding Roma and their contribution to society;
  2. providing financial assistance to assist poorer families in covering the costs associated with education;
  3. ensuring, to the extent possible, adequate opportunities for Roma children to receive instruction in their native language;
  4. ensuring that Roma children have access to Macedonian language classes in order to prepare them for entry into the school system;
  5. organizing special training for teachers to increase their knowledge of Roma culture and traditions and to raise their sensitivity to the needs of Roma children;
  6. facilitating the recruitment of Roma teachers.”

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Tunisia

(23 March 2009, CERD/C/TUN/CO/19, Concluding observations on eighteenth and nineteenth report, para. 18)

“The Committee notes that, according to some reports, the Amazigh are prevented from preserving and expressing their cultural and linguistic identity in Tunisia. The Committee ... invites the State party to enhance its protection and promotion of Amazigh culture as a living culture and to take measures, especially in the field of education, in order to promote knowledge of the history, language and culture of the Amazigh....”

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Turkey

(24 March 2009, CERD/C/TUR/CO/3, Concluding observations on initial to third report, paras. 19 and 20)

“The Committee is concerned that many persons of Roma origin continue to experience discrimination, particularly in the fields of education.... (art. 5 (e))

The Committee, recalling its general recommendation No. 27 (2000) on discrimination against Roma, recommends that the State party take special measures to improve the situation of Roma to overcome the disadvantages brought about by persistent discrimination, in particular in the fields of education....

“While noting the adoption of the ‘Law on Foreign Language Education and Teaching, and the Learning of Different Languages and Dialects by Turkish Citizens’ and its ‘By-law on Education in Different Languages and Dialects traditionally used by Turkish Citizens’ of 2003, the Committee remains concerned at the inadequate possibilities for children belonging to ethnic groups to learn their mother tongue, in particular having regard to the information given by the State party that schools offering private language courses have been ‘all been closed down by their founders and owners due to lack of interest and non-attendance” (article 5 (e) (v))“.

The Committee recommends that the State party ensure effective implementation of the above-mentioned laws. The Committee also recommends the State party to consider further amendments to the legislation to allow teaching of languages traditionally used in Turkey in the general public education system and encourages it to establish a public school network offering teaching of these languages, and consider means of strengthening the involvement of the members of the local communities in decision-making in this field.”

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Turkmenistan

(27 March 2007, CERD/C/TKM/CO/5, Concluding observations on initial to fifth report, paras. 15 and 20)

“The Committee is concerned about information that persons belonging to national and ethnic minorities are impeded from exercising their right to enjoy their own culture. In particular, it is concerned about the reported closure of minority cultural institutions and of numerous schools teaching in minority languages, in particular Uzbek, Russian, Kazakh and Armenian languages, and the reduced possibilities for the use of minority languages in the media (arts. 2 and 5).

The Committee recommends that the State party fully respect the cultural rights of persons belonging to national and ethnic minorities. In particular, the State party should consider reopening Uzbek, Russian, Kazakh, Armenian and other minority language schools. The Committee suggests that the State party reconsider the requirement that students belonging to national or ethnic minorities wear Turkmen national dress, and to provide more information on this issue. The State party should ensure that members of national and ethnic minorities are not discriminated against in their access to the media and have the possibility of creating and using their own media in their own language.

“The Committee notes that the ‘Ruhnama’ reportedly dominates the school curriculum in Turkmenistan. The Committee is concerned about the content of this text, and would appreciate receiving a copy (art. 7). The Committee recommends that the State party ensure that school curricula foster understanding, tolerance, and friendship among nations and ethnic groups.

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U

Ukraine

(8 February 2007, CERD/C/UKR/CO/18, Concluding observations on seventeenth/eighteenth report, paras. 11, 16 and 19)

“The Committee is concerned about reports that the lack of personal and other relevant identification documents effectively deprives many Roma of their right to equal access to the courts, legal aid, employment, housing, health care, social security and education (art. 5 (a) and (e)).

The Committee urges the State party to take immediate steps, e.g. by removing administrative obstacles, to issue all Roma with personal and other relevant identification documents in order to enhance their access to the courts, employment, housing, health care, social security and education.

“The Committee is concerned about the shortage of publications, in particular textbooks for schoolchildren, in minority languages other than Russian, and about reports that some textbooks contain historically inaccurate information about minorities (art. 5 (d) (viii) and (e) (v)).

The Committee encourages the State party to further promote the publication of textbooks for schoolchildren in minority languages, including the languages of Roma and Crimean Tatars, and to ensure that all ethnically discriminatory content is eliminated from existing textbooks.

“The Committee is concerned about the persistence of negative societal attitudes and stereotypes against the Roma, as exemplified by the derogatory language used in particular in paragraph 87 of the report of the State party (art. 7).

The Committee recommends that the State party increase its efforts in the fields of teaching, education, culture and information to combat prejudices, including among civil servants, against ethnic minorities such as the Roma, to promote tolerance and respect for their cultures and history, and to foster intercultural dialogue among the different ethnic groups of Ukraine.”

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United States of America

(8 May 2008, CERD/C/USA/CO/6, Concluding observations on sixth report, paras. 16, 17 and 34)

“The Committee is deeply concerned that racial, ethnic and national minorities, especially Latino and African American persons, are disproportionately concentrated in poor residential areas characterised by sub-standard housing conditions, limited employment opportunities, inadequate access to health care facilities, under-resourced schools and high exposure to crime and violence (art. 3).

The Committee urges the State party to intensify its efforts aimed at reducing the phenomenon of residential segregation based on racial, ethnic and national origin, as well as its negative consequences for the affected individuals and groups....

“The Committee remains concerned about the persistence of de facto racial segregation in public schools. In this regard, the Committee notes with particular concern that the recent U.S. Supreme Court decisions in Parents Involved in Community Schools v. Seattle School District No. 1 (2007) and Meredith v. Jefferson County Board of Education (2007) have rolled back the progress made since the U.S. Supreme Court’s landmark decision in Brown v. Board of Education (1954), and limited the ability of public school districts to address de facto segregation by prohibiting the use of race-conscious measures as a tool to promote integration (arts. (2), 3 and 5 (e) (v)).

The Committee recommends that the State party undertake further studies to identify the underlying causes of de facto segregation and racial inequalities in education, with a view to elaborating effective strategies aimed at promoting school desegregation and providing equal educational opportunity in integrated settings for all students. In this regard, the Committee recommends that the State party take all appropriate measures, including the enactment of legislation,– to restore the possibility for school districts to voluntarily promote school integration through the use of carefully tailored special measures adopted in accordance to article 2, paragraph 2, of the Convention.

“While welcoming the measures adopted by the State party to reduce the significant disparities in the field of education, including the adoption of the No Child Left Behind Act of 2001 (NCLB), the Committee remains concerned about the persistent ‘achievement gap’ between students belonging to racial, ethnic or national minorities, including English Language Learner (“ELL”) students, and white students. The Committee also notes with concern that alleged racial disparities in suspension, expulsion and arrest rates in schools contribute to exacerbate the high dropout rate and the referral to the justice system of students belonging to racial, ethnic or national minorities (art.5 (e) (v)).

The Committee recommends that the State party adopt all appropriate measures,– including special measures in accordance with article 2, paragraph 2, of the Convention,– to reduce the persistent ‘achievement gap’ between students belonging to racial, ethnic or national minorities and white students in the field of education, inter alia, by improving the quality of education provided to these students. The Committee also calls upon the State party to encourage school districts to review their ‘zero tolerance’ school discipline policies, with a view to limiting the imposition of suspension or expulsion to the most serious cases of school misconduct, and to provide training opportunities for police officers deployed to patrol school hallways.”

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Uzbekistan

(4 April 2006, CERD/C/UZB/CO/5, Concluding observations on fifth report, paras. 4 and 19)

“The Committee notes with appreciation that the law guarantees the freedom of citizens to choose their language of instruction, and that there are a number of primary and secondary public schools where education takes place in minority languages.

“While appreciating the State party’s efforts to provide children belonging to ethnic minorities with education in their native language, the Committee notes the reports according to which in practice there is a lack of educational materials/textbooks in some languages (article 5, paragraph e (v)).

The Committee encourages the State party to undertake consultations with concerned minority groups, and make every effort to address their concerns in this regard. The State party should submit information on the measures taken, and provide disaggregated data on the number of schools teaching in minority languages, their geographical distribution, quality of education provided, and difficulties encountered, if any. It should ensure that all public schools have equal access to public funds for education, including educational materials and infrastructure.”

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V

Venezuela

(27 March 2007, CERD/C/VEN/CO/18, Concluding observations on fourteenth to eighteenth report, para. 4)

“The Committee welcomes with satisfaction the rights and principles contained in the Constitution of the Bolivarian Republic of Venezuela of 1999, in particular the preamble, which establishes the multi-ethnic and multicultural nature of Venezuelan society, as well as article 21 and chapter VIII which guarantees the rights of indigenous peoples, such as the right to intercultural bilingual education, the right to traditional medicine and the right to participate in political life.”

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Y

Yemen

(19 October 2006, CERD/C/YEM/CO/16, Concluding observations on sixteenth report, para. 14)

“While welcoming the open door policy of the State party towards refugees coming from the Horn of Africa, the Committee is concerned about ... the reported lack of access refugees have to education, employment, health care and protection from physical abuse and maltreatment (art. 5).

The Committee draws the attention of the State party to general recommendation 30 on non-citizens (2004), and requests the State party to adopt a legislative protection framework for refugees and to remove obstacles that prevent the enjoyment of refugees of economic, social and cultural rights, notably in the areas of education, employment and health....”

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Page last updated: Monday 05 August 2013

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