NIHRC Submission to the UN Committee on the Elimination of Racial Discrimination for the review of the Twenty-Fourth to Twenty-Sixth Periodic Report on the United Kingdom’s Compliance with the UN Convention on the Elimination of Racial Discrimination
Date produced: May 2024.
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Summary recommendations/messages
2.3 The Committee may wish to ask the UK Government what effective steps it has taken to ensure the fundamental principles of human rights are adhered to and that any reforms to the UK’s human rights framework do not weaken human rights protections, but build on the Human Rights Act 1998.
2.7 The Committee may wish to ask the UK Government and NI Executive what steps they are taking to ensure consideration of Windsor Framework Article 2 is embedded at an early stage in the development of law and policy, including details of progress in developing and rolling out a comprehensive guidance and training programme on Windsor Framework Article 2.
2.9 The Committee may wish to ask the UK Government what effective steps it has taken to fulfil its commitment to legislate for a Bill of Rights in NI, as set out in the Belfast (Good Friday) Agreement.
2.11 The Committee may wish to ask the UK Government and NI Executive what effective steps they have taken to prioritise and enable political consensus towards the introduction of a single equality act for NI.
2.12 The Committee may also wish to ask the UK Government and NI Executive what effective measures they have taken to ensure that legislation providing for intersectional multiple discrimination is introduced in NI.
2.14 The Committee may wish to ask the UK Government and NI Executive what effective steps they have taken to ensure the full implementation of the Racial Equality Strategy 2015-2025 for NI is given priority.
3.3 The Committee may wish to ask the UK Government what effective steps it has taken to address the discriminatory effect of its hostile environment policies. The Committee may also wish to ask the NI Executive what effective steps it has taken to mitigate the discriminatory effect of the hostile environment policies to the full extent of its devolved competence.
4.4 The Committee may wish to ask the UK Government and NI Executive what effective steps they have taken to ensure that measures are in place to prohibit racial profiling in immigration checks in the UK, including at NI ports and airports and in the context of cross border travel and, where checks do take place, that appropriate data is recorded for the purposes of effective monitoring.
4.7 The Committee may wish to ask the UK Government and NI Executive what effective steps they have taken to ensure the expedited development and implementation of a suitable methodology for recording disaggregated data on the community background of individuals stopped and searched under the Justice and Security (NI) Act 2007 in NI.
5.2 The Committee may wish to ask the UK Government and NI Executive what effective steps they are taking to introduce robust data collection and ethnic equality monitoring in NI expeditiously and in line with international best practice and the commitment to no diminution of rights under Windsor Framework Article 2.
6.3 The Committee may wish to ask the UK Government and NI Executive what effective steps they have taken to ensure the prompt introduction and implementation of an adequately resourced and effectively monitored Refugee Integration Strategy for NI.
6.5 The Committee may wish to ask the UK Government and NI Executive what effective steps they have taken to ensure that the Illegal Migration Act 2023 is amended to ensure compliance with the UK’s international human rights obligations and Windsor Framework Article 2, and that there is no diminution of protection for refugees and people seeking asylum in NI.
6.7 The Committee may wish to ask the UK Government and NI Executive what effective steps they have taken to ensure that the support and accommodation provided to refugees and people seeking asylum in NI is urgently reviewed to ensure it is adequate, fit for purpose and culturally appropriate.
6.10 The Committee may wish to ask the UK Government what effective steps it is taking to:
- completely withdraw from all asylum agreements declaring Rwanda a safe third country of removal and ensure all people seeking asylum in the UK are processed in a human rights compliant way. This should include taking into account the difficult journey and trauma experienced by many prior to arriving in the UK.
- immediately and thoroughly reassess the Safety of Rwanda (Asylum and Immigration) Bill and amend as required to ensure there is no diminution of rights in NI contrary to Windsor Framework Article 2.
6.13 The Committee may wish to ask the UK Government and NI Executive what effective steps they have taken to ensure that the level of financial support provided to asylum seeking people reflects the cost of living across the UK and that no individual is exposed to destitution. The Committee may also wish to ask the UK Government to review restrictions placed on asylum seeking people on taking up work while their claims are being processed.
7.3 The Committee may wish to ask the UK Government and NI Executive what effective steps they are taking to promptly enhance hate crime legislation in NI, ensuring alignment with race and community relations strategies to ensure effective investigation, prosecution and support for victims.
7.6 The Committee may wish to ask the UK Government and NI Executive what effective steps they have taken to address the specific effect of continued paramilitarism on racial and ethnic minorities in NI, including through effective monitoring and adequate allocation of resources.
8.3 The Committee may wish to ask the UK Government and NI Executive what effective steps they are taking to introduce statutory definitions of ‘sectarianism’ and ‘good relations’ in NI.
9.3 The Committee may wish to ask the UK Government and NI Executive what effective steps they are taking to eradicate the disproportionate effect of poverty on minority ethnic groups in NI.
9.5 The Committee may wish to ask the UK Government and NI Executive what effective steps they have taken to ensure that migrant women without recourse to public funds who are victims of domestic abuse in NI can access effective, specialised services and support on an equal basis.
9.7 The Committee may wish to ask the UK Government and NI Executive what effective steps they have taken to ensure that it is recognising and facilitating the cultural rights of Travellers in NI to live their traditional lifestyle. This includes ensuring that there is sufficient Traveller-specific accommodation available in NI with sufficient access to essential utilities on a long-term basis, and that the Unauthorised Encampments (NI) Order 2005 is promptly repealed.
9.9 The Committee may wish to ask the UK Government and NI Executive what effective steps they have taken to ensure that an up-to-date policy and action plan for educating children of migrant families is in place in NI and that teacher training is provided that promotes cultural awareness within schools and ensures a curriculum bespoke to pupils’ specific needs and experiences is provided across NI.
9.11 The Committee may wish to ask the UK Government and NI Executive what effective steps they have taken to ensure educational underachievement in NI, particularly for Traveller and Roma children, is addressed.
9.13 The Committee may wish to ask the UK Government and NI Executive what effective steps they have taken to evaluate the effect of the Addressing Bullying in Schools (NI) Act 2016 to examine its effectiveness, with particular attention being given to reporting, monitoring and accountability mechanisms.
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