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Committee on the Elimination of Racial Discrimination - Early-Warning Measures and Urgent Procedures

The Committee includes in its regular agenda preventive measures which include early-warning aimed at preventinf existing situations escalating into conflicts and urgent procedures to respond to problems requiring immediate attention to prevent or limit the scale or number of serious violations of the Convention. For more information on these procedures, click here.

The Committee has adopted the following recent decisions under these procedures (A) , or has sent the following letters to States Parties (B):

A. Decisions

Symbol
Subject
Date
CERD/C/DEC/SUR/5 Suriname
 E | F | R | S
18/08/2006
CERD/C/USA/DEC/1 United States of America
 E | F | R | S
07/03/2006
CERD/C/DEC/SUR/2 Suriname
 E | F | R | S
18/08/2005

Situation in Darfur

 E | F | R | S
11/03/2005

New Zealand Foreshore and Seabed Act 2004

 E | F | R | S
11/03/2005

Israel (family reunification in cases of marriage between an Israeli citizen and a person residing in the West Bank or Gaza)

 E | F | R | S
20/08/2004

Sudan (Situation in Darfur)

 E | F | R | S

18/08/2004

Guyana
 E | F | R | S
09/03/2004
Situation in Lao People's Democratic Republic
 E | F | R | S
21/08/2003

Israel (family reunification in cases of marriage between an Israeli citizen and a person residing in the West Bank or Gaza)

 E | F | R | S
14/08/2003

Situation of Displaced Persons in Côte d'Ivoire

 E | F | R | S

21/03/2003

Guyana
 E | F | R | S
21/03/2003

Suriname

 E | F | R | S
21/03/2003

B. Letters

State Party

Letter

Flag
BELIZE

07/03/2008
E
24/08/2007
E
09/03/2007
E

Flag
BRAZIL

07/03/2008
E
24/08/2007
E
09/03/2007
E
18/08/2006
E

Flag
CHILE

07/03/2008
S
24/08/2007
S

China
CHINA
07/03/2008
E

Flag
DEMOCRATIC REPUBLIC
OF THE CONGO

18/08/2006
F

Flag
ETHIOPIA

07/03/2008
E
03/09/2007
E

Flag
NICARAGUA

24/08/2007
S
18/08/2006
S

Flag
PERU

07/03/2008
S
03/09/2007
S
09/03/2007
E S
18/08/2006
E

Flag
PHILIPPINES

07/03/2008
E
24/08/2007
E

Flag
UNITED STATES OF
AMERICA

09/03/2007
E
18/08/2006
E

 

About the early-warning measures and urgent procedures

In 1993, the Committee adopted a working paper to guide it in dealing with possible measures to prevent, as well as to respond more effectively to, violations of the Convention (see A/48/18, Annex III E | F | S ). The working paper noted that both early warning measures and urgent procedures could be used to try to prevent serious violations of the Convention. At its 45th session in 1994, the Committee decided that preventive measures including early warning and urgent procedures, should become part of its regular agenda.

Early warning measures are to be directed at preventing existing problems from escalating into conflicts and can also include confidence-building measures to identify and support whatever strengthens and reinforces racial tolerance, particularly to prevent a resumption of conflict where it has previously occurred. Criteria for early warning measures could, for example, include the following situations: the lack if an adequate legislative basis for defining and prohibiting all forms of racial discrimination, as provided for in the Convention; inadequate implementation of enforcement mechanisms, including the lack of recourse procedures; the presence of a pattern of escalating racial hatred and violence, or racist propaganda or appeals to racial intolerance by persons, groups or organisations, notably by elected or other officials; a significant pattern of racial discrimination evidenced in social and economic indicators, and significant flows of refugees or displaced persons resulting from a pattern of racial discrimination or encroachment on the lands of minority communities.

Urgent procedures are to respond to problems requiring immediate attention to prevent or limit the scale or number of serious violations of the Convention. Criteria for initiating an urgent procedure could include, for example, the presence of a serious , massive or persistent pattern of racial discrimination; or a situation that is serious where there is a risk of further racial discrimination.

Decisions, statements or resolutions are adopted and further action is taken by the Committee under these procedures that have been used since 1993 in relation to more than 20 States parties. The Committee has, inter alia, conducted two field visits in connection with the procedure and has drawn the attention of the Secretary-General, the Security Council or other relevant bodies in relation to 6 States parties.

In its working paper adopted at the 63rd session, the Committee mentioned that it may decide to set up a working group to consider the status of implementation of its decisions and recommendations under the early-warning measures and urgent procedures and to make suggestions in this respect. The working group may also be charged with suggesting appropriate measures to reactivate these mechanisms, indicating the situations or cases to which these measures or procedures may be applied.

 
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