UN CERD Publishes Findings On Gabon, Kyrgyzstan, Mauritius, Republic Of Korea And Ukraine

Scoop

13-05-2025

GENEVA (9 May 2025) - The UN Committee on the Elimination of Racial Discrimination (CERD) today issued its findings on Gabon, Kyrgyzstan, Mauritius, the Republic of Korea and Ukraine after reviewing the five States parties in its latest session.
The findings contain the Committee's main concerns and recommendations on the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, as well as positive aspects. Key highlights include:
Gabon
The Committee expressed concern that the national legislative framework does not contain a definition of racial discrimination fully in line with Article 1 of the Convention. It recommended that Gabon adopt comprehensive anti-discrimination legislation with a clear definition of racial discrimination, including its direct, indirect, multiple and intersecting forms, which encompasses all areas of law in both the public and private spheres, and that covers all grounds of discrimination, including race, colour, descent, or national or ethnic origin.
The Committee acknowledged efforts by the State to promote the rights of Indigenous Peoples but raised concerns over the lack of a specific legislative framework. It was particularly troubled by reports of displacement without free, prior, and informed consent, and the harmful impact of infrastructure and resource projects on Indigenous lands and livelihoods. The Committee urged the State party to take measures to ensure non-discrimination, recognition and legal protection of Indigenous Peoples. It also asked Gabon to establish a law governing consultation procedures to obtain free, prior and informed consent of Indigenous Peoples on projects affecting their ecosystems and way of life, and to create appropriate mechanisms for holding these consultations.
Kyrgyzstan
The Committee was concerned about the insufficient level of support and compensation, including inadequate alternative housing, for members of the Magut ethnic community following the flood in Osh city in July 2024, owing to the lack of property titles. It also raised its concern over the proposed resettlement plan to relocate them to an area without proper infrastructure and basic services. It asked the State party to ensure that Mugat families and individuals affected by the July 2024 flood in Osh city receive fair and adequate housing and compensation, consult effectively with Mugat community members, and grant titles to their properties.
The Committee was concerned about reports of an increase in hate speech and the violent attacks by civilians against migrants in May 2024, leading to abuses and violations of their rights and safety. It called upon Kyrgyzstan to conduct effective, thorough and impartial investigations into all alleged abuses perpetrated against migrants and prosecute perpetrators and punish those convicted with penalties commensurate with the offences. It asked the State party to provide victims of discriminatory acts and hate crimes with adequate redress and support. It also recommended that the State party take effective measures to combat and monitor hate speech, incitement to and promotion of racial hatred and discrimination against migrants, including on the Internet and social media.
Mauritius
The Committee noted the State Party's position that keeping disaggregated statistics by ethnicity goes against National Unity. It, however, remained particularly concerned about the absence of comprehensive data on ethnic groups such as Creoles, Chagossians, and other people of African descent, as well as non-citizens like migrants and stateless people, which impedes effective assessment of racial discrimination and the socioeconomic conditions of these communities. The Committee recommended that the State party develop inclusive data collection tools based on self-identification, compile detailed socioeconomic statistics for marginalised groups, and publish data on the ethnic composition of the prison population.
The Committee stated its concern over the ongoing effects of forced displacement of the Chagossians, including poverty and discrimination, and the lack of information on the impact of support measures for those living on the mainland. The Committee was further concerned about the limited involvement of the Chagossian community in negotiations and reparations processes. It recommended that the State Party follow the International Court of Justice's 2019 Advisory Opinion, ensure full participation of Chagossians in all related negotiations, develop a comprehensive reparations framework in consultation with affected communities, and improve and monitor support systems addressing key social and economic needs.
The Republic of Korea
The Committee reiterated its concern over the continued rise in racist hate speech, both online and offline, particularly targeting migrants, asylum-seekers, refugees, Muslims, and people of Chinese descent. The Committee was alarmed by reports of hate incidents, including those regarding opposing the building of a mosque in Daegu city. It was also disturbed by videos of abuses of undocumented migrant workers posted on the Internet. The Committee urged the State party to amend its Criminal Code to recognise racist motivations as aggravating factors, explicitly criminalise hate speech and hate crimes, condemn all forms of hate speech, especially from public figures, strengthen legal training, implement public education campaigns, and intensify efforts to counter hate speech in media and online platforms.
The Committee remained seriously concerned about the widespread exploitation of migrant workers, including wage arrears at a rate more than triple of the nationals, the sub-standard housing for migrant workers, with about half of them housed in non-residential accommodation, and a high incidence of industrial accident deaths estimated to be twice as high as for Korean nationals. Migrant workers also face significant structural barriers, such as limited access to compensation, legal aid, and information due to language and residence status issues. The Committee called for a robust enforcement scheme to ensure accommodation standard for migrant workers, effective enforcement of occupational safety standards, remedies and reparations for migrant workers who have experienced labour rights violations, and better regional support services with adequate staffing and funding.
Ukraine
The Committee was concerned that the ongoing war poses severe challenges for the State party in fully implementing its obligations under the Convention, particularly as the State party has no effective control over the territories under occupation. It was also disturbed by the absence of information regarding investigations, prosecutions, convictions, and sanctions related to incidents of discriminatory treatment, racist hate speech, and violence against people of African, Asian, Middle Eastern, and Latin American descent while they attempted to flee the State party to neighbouring countries. These incidents reportedly included denial of access to bomb shelters, obstruction at border crossings, and being relegated to the back of transportation queues. The Committee called on the State party to investigate all such incidents, prosecute those responsible, and ensure they are appropriately punished.
The Committee was concerned about reports of hate crimes, harassment and organised violent attacks against Roma communities that occurred in 2018, including unlawful killing and destruction of property, perpetuated by organised vigilante groups, such as the Kyiv Municipal Guards. It asked the State party to ensure accountability and end impunity by conducting effective, thorough and impartial investigations into all alleged abuses and violence against Roma communities, prosecuting and punishing those convicted adequately with penalties commensurate with the offences, and providing victims with adequate redress and support.
The above findings, officially named Concluding Observations, are now available online on the session page.
In addition to country reviews, the Committee also held a half-day of general discussion, presenting the development of a new General Recommendation on reparations for the historical injustices from the chattel enslavement and its enduring harms to people of African Descent. General Recommendation is an official interpretation by the Committee to clarify how States parties shall implement specific provisions of the Convention.