U.N. Decolonization papers continue to omit information on racial discrimination in non self-governing territories

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"The continued failure of the U.N. Secretariat to respond to requests by the Committee on the Elimination on Racial Discrimination (CERD) for information on racially discriminatory practices in the Non Self-Governing Territories (NSGTs) has been a longstanding concern. This speaks to the selectivity of information made available to the human rights bodies about goings on in the territories as they seek to monitor compliance with human rights instruments in the signatory countries. The problem will only be corrected if member States of the C-24 (Decolonization Committee) demand answers as to why their Committee remains negligent year after year. 

The CERD has reported for over ten years that its requests for this information have been effectively ignored by the C-24. This failing is duly reported in the annual CERD reports - but the C-24 documents are silent on these requests. At what point will the U.N. Secretariat comply with the CERD request for information about racism in the territories? At what point will the member States of the Committee ask why their Secretariat is not complying with the U.N. resolutions which call for collaboration with the human rights bodies?

The question which is increasingly raised is whether behind-the-scenes maneuvers seeking to protect the interests of the present-day colonial powers ensures that such information is omitted from C-24 documents. This is certainly unhelpful to the advocacy of the self-determination process for the people of the territories and clearly adverse to the statutory mandate of the U.N. Charter regarding self-determination and decolonization." 

- a Decolonization expert  

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Report of the Committee on the Elimination of Racial Discrimination

Eighty-sixth session

(27 April-15 May 2015)

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VIII. Consideration of copies of petitions, copies of reports and other information relating to Trust and Non-Self-Governing Territories to which General Assembly resolution 1514 (XV) applies, in conformity with article 15 of the Convention

"45. Under article 15 of the Convention, the Committee is empowered to consider copies of petitions, reports and other information relating to Trust and Non-Self-Governing Territories and to all other territories to which General Assembly resolution 1514 (XV) applies, as transmitted to it by the competent bodies of the United Nations, and to submit to the General Assembly its expressions of opinion and recommendations in this regard. 

46. Accordingly, and at the request of the Committee, Mr. Khalaf examined the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples covering its work during 2014[1] and copies of the working papers on the 16 Territories prepared by the Secretariat for the Special Committee and the Trusteeship Council, listed in document CERD/C/86/3, and presented his report to the Committee at its eighty-sixth session, on 15 May 2015. 

The Committee noted, as it has done in the past, that it was difficult to fulfil its functions comprehensively under article 15 of the Convention owing to the fact that the copies of the reports received pursuant to paragraph 2 (b) contained only scant information directly relating to the principles and objectives of the Convention. 

47. The Committee further noted that there was significant ethnic diversity in a number of the Non-Self-Governing Territories, warranting a close watch on incidents or trends that reflected racial discrimination and violation of rights guaranteed in the Convention. 

The Committee therefore stressed that greater efforts should be made to raise awareness concerning the principles and objectives of the Convention in Non-Self-Governing Territories. The Committee also stressed the need for States parties administering Non-Self-Governing Territories to include details on the implementation of the Convention in those territories in their periodic reports to the Committee." 

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[1] Official Records of the General Assembly, Sixty-ninth Session, Supplement No. 23 (A/69/23).

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Excerpt

Report
Committee on the Elimination of Racial Discrimination

Concluding Observations

Combined twentieth and twenty-first periodic reports of France adopted by the Committee 

at its eighty-sixth session (27 April–15 May 2015).

"1.   The Committee on the Elimination of Racial Discrimination considered the combined twentieth and twenty-first periodic reports of France (CERD/C/FRA/20-21) at its 2327th and 2328th meetings (CERD/C/SR.2327 and 2328), held on 28 and 29 April 2015. At its 2343rd and 2344th meetings, held on 8 and 11 May 2015, the Committee adopted the following concluding observations.

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Minorities, indigenous peoples and persons of African descent in the overseas collectivities

11. The Committee remains concerned by the failure to fully recognize the existence of indigenous peoples in the overseas territorial collectivities. It fears that this may prevent the State party from adopting the most appropriate, targeted measures to respond to the specific needs and concerns of indigenous peoples and persons of African descent, among others, particularly in regard to their enjoyment of economic, social and cultural rights on an equal footing with the rest of the population (arts. 2 and 5). 

The Committee recommends that the State party consider revisiting its position on the non-recognition of indigenous peoples in the overseas collectivities. It also recommends that the State party apply more targeted policies that are better suited to the needs and specific situations of these population groups, notably indigenous peoples and persons of African descent, in order to ensure that the different segments of its population are treated equally, particularly with respect to the enjoyment of economic, social and cultural rights." 

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