UN on United Kingdom's Compliance with International Anti-Discrimination Convention

01 September 2003

ERRC Welcomes Concluding Observations of the United Nations Committee on the Elimination of Racial Discrimination on United Kingdom of Great Britain and Northern Ireland.

The European Roma Rights Center (ERRC) welcomes the Concluding Observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD) on the compliance of the United Kingdom of Great Britain and Northern Ireland (UK) with the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).

The Committee expressed its concern about "discrimination faced by Roma/Gypsies/Travellers", reflected "inter alia, in their higher child mortality rate, exclusion from schools, shorter life expectancy than the population average, poor housing conditions, lack of available camping sites, high unemployment rate, and limited access to health services". The Committee drew the attention of the government to its "General Recommendation XXVII on discrimination against Roma" and recommended that the U.K. government "develop further appropriate modalities of communication and dialogue between Roma/Gypsies/Traveller communities and central authorities". The Committee further recommended that the U.K. government "adopt national strategies and programmes with a view to improving the situation of the Roma/Gypsies/Travellers against discrimination by State bodies, persons or organisation".

As regards economic, social and cultural rights, the Committee stressed that "besides Roma/Gypsies/Traveller populations, certain other minority groups or individuals belonging to them experience discrimination in the areas of employment, education, housing and health". It has further urged the government to "continue taking affirmative measures in accordance with article 2, paragraph 2, of the Convention to ensure equal opportunities for full enjoyment of their economic, social and cultural rights". Moreover the Committee encouraged the government to "submit in its next periodic report more detailed information on achievements under the State Party's programmes aimed at narrowing the employment gap and improving housing conditions among different ethnic groups".

As regards anti-discrimination legislation, the Committee expressed its concern about "the application of Section 19 D of the Race Relations Amendment Act of 2000 (RRAA), which makes it lawful for immigration officers to 'discriminate' on the basis of nationality or ethnic origin provided that it is authorized by a Minister", which would be, the Committee stresses, "incompatible with the very principle of non-discrimination". It recommended that the government "consider reformulating or repealing Section 19 D of the RRAA in order to ensure full compliance with the Convention".

In spite of "the rapid implementation in domestic law of the European Race Directive", the Committee is concerned that, "unlike the Race Relations Act, the amending regulation does not cover discrimination on grounds of colour or nationality". Specifically, the Committee is concerned that "the emerging situation may lead to inconsistencies in discrimination laws, differential levels of protection according to the categorization of discrimination (i.e. race, ethnic origin, color, nationality etc.), and create difficulties for the general public as well as law enforcement agencies".

Furthermore, the Committee recommends that the government "extend the amending regulations to cover discrimination on the grounds of colour and nationality". In this regard, the Committee also recommended that the government "consider introducing a single comprehensive law consolidating primary and secondary legislation, to provide for the same protection from all forms of racial discrimination, as enshrined in article 1 of the Convention".

Another area of concern for the Committee is "the increasing racial prejudice against ethnic minorities, asylum seekers and immigrants reflected in the media [...]". The Committee recommended that the government "include in its next report more detailed information on the number of complaints received for racial offences as well as the outcome of such cases brought before the courts".

The full text of the UN Committees Concluding Observations is available HERE.

In preparation for the Committee's review of U.K.'s compliance with the International Convention on the Elimination of All Forms of Racial Discrimination on July 28, 2003, the ERRC submitted written comments focussing on issues related to racially discriminatory border policy and the treatment of Romani migrants and asylum seekers in U.K. The full text of the ERRC letter to the Committee is available at: ERRC: International Advocacy.