CERD Evaluates State Practice on Refugees

Refugee Rights News
Volume 2, Issue 3
September 2005

The Committee on the Elimination of all forms of Racial Discrimination (CERD) recently finalized concluding observations from its last session when it considered reports from Nigeria, Tanzania and Zambia.

CERD is the treaty monitoring body which was created to judge the compliance of states with their obligations under the International Convention on the Elimination of all Forms of Racial Discrimination.

While the major focus of the reports, and the concluding observations of the Committee emphasize how the relationships between various ethnic and racial groups within states are mediated, the situation of non-nationals—including refugees—is also systematically considered.

In this round of observations CERD criticized the Nigerian government for the lack of information provided about the situation of non-nationals, including refugees, and called on the government to include additional information in their next report. It also noted that constitutional guarantees against discrimination had not been extended to non-citizens and suggested that the ongoing processes of constitutional review and consideration of a new Anti-Discrimination Bill might offer an opportunity to amend the law to extend protections to this group.

In contrast, Zambia was congratulated for its generous hosting of more than 270,000 refugees, as well as its efforts to extend access to the courts and provision of adequate police presence to this vulnerable population. The “Zambia Initiative” a package of policies designed to promote development and enjoyment of social and economic rights in refugee hosting areas, was also warmly greeted.

Zambia drew criticism, however, for not going far enough. CERD expressed concern that long term refugees, particularly Angolans, were not allowed adequate opportunities to integrate. CERD recommended that the Zambian government review its principal national refugee legislation—the 1970 Refugee Control Act—as well as withdrawing its reservation the 1951 UN Refugee Convention.

Tanzania was similarly congratulated for hosting more than 600,000 refugees. CERD expressed concern, however, that some refugees may have been forcibly returned to their countries in contravention of Article 5(b) of the Convention on Racial Discrimination. It urged the government to provide additional information on the situation of refugees as well as the legal basis for deportations which have occurred.

Additional concerns were expressed by the Committee about allegations of mistreatment of refugees and asylum seekers by law enforcement officials in Tanzania, particularly arbitrary arrests and detention, excessive use of force and ill-treatment. It urged the government to “take appropriate measures” to stop such abuses, including thoroughly investigating all allegations, and, where appropriate, prosecuting and punishing perpetrators. It also recommended that compensation be offered to victims such abuses.

This round of CERD conclusions serve as a reminder that CERD can serve as a source of “soft law” and standard setting which African advocates may have the opportunity to turn to the advantage of promoting refugee rights. The next session, to be held February 20- March 10, 2005 will consider two African countries— South Africa and Botswana. For further information about countries to be considered by the Committee advocates can consult:

http://www.ohchr.org/english/bodies/cerd/sessions.htm