OHCHR Press Conference: CERD findings

Good morning, everyone.

Thank you for being here with us For 3rd the Committee on Elimination of Racial Discrimination press conference today.

The committee this morning is going to present its finding on six countries, including Burundi, Guatemala, Motives, New Zealand, Sweden and Tunisia.

Please take note that the press conference and the news release you have received earlier are under embargo until 1:00 PM Geneva time.

Allow me to repeat under embargo until 1:00 PM Geneva time.

Joining us today on the podium, we have Mr Bousasat, Chair of the Committee, Miss McDougal, Vice Chair, Miss Stabenaki and Mr Tamsani, expert members of the committee.

So without further delay, I'll pass on the floor to the chair for his opening remark.

[Other language spoken]

Thank you for taking interest in this press conference.

The Committee on the Elimination of Racial Discrimination is about to complete its 116th session today and we would like to brief you on the outcomes of the session.

On the concluding observations, recommendations that the committee elaborated with respect to the six countries mentioned, we will also review on the general recommendations adopted and those in progress under consideration.

Before I start, let me also mention that during this session we commemorated the 60th anniversary of the International Convention on the Elimination of All Forms of Racial Discrimination.

There was a commemorative high level event yesterday on December the 4th and it has been a very important opportunity also to recall about the obligations stemming from the from the convention.

I would also encourage you to take interest in in the recording of this commemorative event.

Now, with respect to the outcomes of the 116th session of the Committee, I would like to briefly refer to the findings of the Committee, of the Committee's concerns and recommendations on the implementation of the Convention, but also on the positive aspects.

I will present the outcomes with respect to the dialogues with Burundi, Maladiev, Sweden and Tunisia.

Then I will ask my colleagues, Miss Tabrynaki to present the outcomes concerning New Zealand and Mr Clamsani to present outcomes concerning Guatemala.

And I would like to ask Vice Chairman Miss McDougall also to provide an overview of the Committee's activities with respect to general recommendations and and and other issues.

Now, with respect to Burundi, while noting Burundi's stated commitment into addressing historical injustices, the Committee was nevertheless concerned that the Batwa Indigenous people still face persistent inequalities, discrimination and stigma, including the lack of legislation recognising them as Indigenous peoples, high rates of poverty and illiteracy, limited access to quality healthcare and ongoing insecurity over they traditionally owned lands.

The Committee asked the State party to adopt A specific law recognising and protecting Batwa rights, step up efforts to reduce the severe inequalities and poverty they face, and revise its legislative framework to safeguard their rights to own, use and control their lands and resources, ensuring their effective participation in that process.

It further urged Burundi to establish consultation mechanisms and ensure that the BATFA are consulted on any measures affecting their rights, with a view to obtaining their free, prior and informed consent.

Further, with respect to Burundi, the Committee expressed concern that the national legal framework still lacks a definition of racial discrimination consistent with Article One of the Convention.

It recalled that the absence of such a definition leaves gaps in protection and allows ongoing issues of direct, indirect, multiple and intersecting discrimination to persist.

The Committee recommended that Burundi adopt comprehensive anti discrimination legislation that clearly defines racial discrimination in line with international standards and applies across all areas of law in both the public and private spheres, covering all grounds listed in Article one of the Convention, including race, colour, descent and national and ethnic origin.

With respect to Guatemala, regarding legislative, I'm sorry the the reference outcomes concerning Guatemala will be covered by my colleague Mr Tlamsani.

Now I will go to Maldives.

As regards Maldives, the committee regretted that the discriminatory provisions of the Constitution, which require all nationals to be Muslims and thereby exclude non-Muslims from obtaining citizenship or accessing public positions remained unchanged.

It noted that these provisions disproportionately affected the right to nationality and the right to freedom of thought, conscience and religion of people of different national or ethnic origins living in the State party, particularly given that 25.7% of the population is of foreign origin.

It urged the Maldives to ensure that specific groups of non citizens are not discriminated against in access to citizenship or naturalisation.

The Committee further urged the state party to consider amending the discriminatory constitutional provisions to bring them into line with the Convention.

While noting Maldives measures to combat discrimination against migrants, including migrant workers, the Committee was concerned about the reports of xenophobic sentiment against non citizens, particularly migrant workers, portraying them as threat to jobs, cultural, religion.

It recommended that the state party develop and implement strategies to combat xenophobia and negative stereotypes against non citizens, including migrant workers, with particular attention to prejudices targeting individuals from specific countries such as India and Bangladesh.

That was with reference to the Malladives.

Now, with respect to Sweden, the committee raised its concern about the recent amendment to the Police Act, which allows law enforcement agencies to designate security zones and conduct stop and search operations, including on children, without concrete suspicion.

The Committee was also concerned about reported cases of racial profiling that the State party profiling targeting people of African, Asian and Middle Eastern descent.

The Committee recommended that the State party revise it's law enforcement framework, including the Discrimination Act, to explicitly prohibit racial profiling and to ensure that stop and search powers are exercised lawfully, non arbitrarily and without discrimination, based on the reasonable suspicion and subject to strong monitoring and review mechanisms.

The Committee welcomed the establishment of the Truth Commission for the Sami People in 2021 to examine historical and ongoing discrimination and advance reconciliation, but expressed concern that following the resignation of three members in late 2024, those positions remain unfilled despite the Sami Parliament having nominated replacements.

It asked Sweden to strengthen its support for the Commission by appointing the three vacant members in consultation with the Sami Parliament and ensuring it has a deck with human and financial resources to carry out its mandate effectively.

With respect to Sweden, it's also worth recalling that the the Committee welcomed also the establishment of the National Human Rights Institution, notably the Swedish Institute of Human Rights, which was represented.

It was also part of the of this dialogue.

Now, with respect to Tunisia, the Committee underscored its concern over the suspension of several local and international human rights organisations that promote and protect the rights of ethnic minority groups, particularly black Tunisians and non citizens.

The Committee highlighted the growing intimidation, surveillance, harassment, reprisals and arbitrary arrests targeting human rights defenders, civil society members, activists, lawyers and journalists.

The Committee asked Tunisia to take effective measures, including reviewing its legislative framework, to ensure an open space for human rights work, especially human rights defenders and organisations advocating for ethnic minority groups, particularly black Tunisians, asylum seekers and refugees.

Committee also called up in the State party to conduct thorough impartial investigations into all reported cases of intimidation and reprisals against those defending and promoting human rights.

Further, with respect to Tunisia, the committee noted with serious concern that the situation of sub-saharan migrants has sharply worsened since the President's February 2023 statement alleging conspiracy to transform the country into a quote, a purely African country that has no affiliation with Arab and Islamic nations, end of quote.

While highlighting quote, the need to quickly put an end to this phenomenon, end of quote, the committee was particularly troubled by the reports that more than 11,000 sub-saharan migrants and asylum seekers have been collectively expelled to the Algerian and Libyan borders in life threatening conditions resulting in death and injuries.

The Committee urged Tunisia to acknowledge the discriminatory nature of the problem, address the root causes of racial discrimination and hate speech, protect the rights of sub-saharan migrants in irregular situations, refrain from collective expulsion, uphold nor have you more ensure access to territory for those needing protection and to investigate all reported cases of collective expulsion.

These were that was the overview of Committees findings concerning Tunisia.

I will now ask my colleague Miss Tavrinaki to present the committee's findings on New Zealand.

[Other language spoken]

So the Committee, in its concluding observations after the examination of the New Zealand report, expressed grave concern over the 2019 terrorist attack against two mosques in Christchurch and regretted the limited progress in implementing the Royal Commission of Enquiries recommendations.

The Committee was especially concerned about the persistence of racist hate speech by some politicians and public figures.

It also underscored its concern over continuing reports of racially motivated attacks affecting Maori, Pacific peoples and other ethnic and religious communities.

It asked New Zealand to accelerate implementation of the Commission of Enquiries recommendation, strengthen the legislative and policy framework to respond to hate crimes sufficiently, including in consultation with affected communities.

It called for the State Party to unequivocally condemn all forms of racist hate speech, including by politicians and public figures both online and offline, ensure the effective investigation and prosecution of hate motivated offences, and expand education and awareness raising efforts to promote tolerance and social cohesion.

The Committee noted with concern that although the Treaty of Watanki has long been recognised as the foundational framework governing the relationship between the Crown and Maori, recent initiatives to reinterpret the the Treaty are being pursued without the free, prior and informed consent or meaningful engagement of Maori.

Raising the attenuation, excuse me, Risking the attenuation of Treaty principles, undermining reconciliation and trenching historical and systemic discrimination, restricting Maori customary rights and weakening Maori self determination.

It asked New Zealand to uphold its commitment to the Treaty of Watangi as a constitutional framework for equal participation and partnership, counter misinformation and divisive narratives about the Treaty.

Ensure that any review of relevant frameworks is carried out in full consultation and partnership with Maori and in line with three prior and informed consent.

[Other language spoken]

May I ask my colleague Mr Clemsoni to present committees findings concerning Guatemala?

Morning and thank you Mr.

[Other language spoken]

First of all, the Committee expressed its satisfaction with the open and constructive dialogue held with the high level delegation of Guatemala and it's grateful for additional written information provide after the dialogue.

On behalf of the committee, I would like to present the main findings on situation on on of in Guatemala in three main points.

First, regarding legislative, administrative and other measure that may affect indigenous people right, the Committee expressed concern about the lack of adequate mechanism to guarantee their right to be consulted and those measure with a view to obtaining their free prior and informed consent.

Second, the Committee also raised concern about the ongoing negative impacts of infrastructure project and extractive and agro industrial activities, including mining, palm oil, coffee and sugar production, on the rights, land, resources and traditional waste of live of the Maya, Chinka, Garifuna and Afridisandes people.

The Committee urged Guatemala to develop and adopt in consultation with indigenous people, effective measures to fully ensure the right to free prior informed consent and recommended special measures to to prevent and mitigate the the negative impacts and pollution arising from those projects and activities in order to protect their rights, including the right to health, food and clean, healthy and sustainable environment.

Third Point is that the Committee was concerned about the continued forced eviction of indigenous people aimed on going legal and certainly over land tenor, as well as allegation of excessive use of force by law enforcement and violence by private security companies and other non state actors including armed gang and land owners.

It's also raised red flag over the use of criminal offences such as various forms of trespassing, which results in the the conviction and detention of Indigenous people living in their traditionally occupied territories.

The committees asked the State party to task effective measure to product indigenous people from forced eviction with full respect for their rights, customs, tradition and culture, including a moratium until the recognition, regulation and collective titling of their land and resource are completed.

In conclusion, the committee invite the Government of Guatemala to work with indigenous people to strengthen democratic social justice and Environmental Protection for more inclusive and sustainable future for the whole country.

[Other language spoken]

Thank you, Mr Klimsani, May I now ask the committee's Vice chair, Miss MacDougall, to brief you on the committee's activities regarding general recommendations, both those adopted and one on a very advanced stage.

Miss MacDougall, please.

[Other language spoken]

The Committee constantly undertakes efforts to guarantee that the Convention is implemented effectively in the context of evolving realities, and one way that we do that is through our process of of considering and adopting general recommendations, which serve as authoritative interpretations of the provisions of the Convention.

This session we worked on 2 sets or two issues through general recommendations.

First of all, in collaboration with the treaty body on the rights of migrant workers, Migrant people, Families and workers, we adopted A2 general recommendations that would join general recommendations.

The first time I think any treaty bodies have have done so.

But the topic was particularly important with respect to both treaty bodies.

And that is the topic of of xenophobia.

And it is for us a, as I say, a unique engagement to work so closely with another treated body.

But I'll come, I think it was quite, quite critical for us.

It was GR38 and GR39 on xenophobia, a topic that no one can deny is a really pivotal issue in the the context of migration and people moving and in the context of racial discrimination.

We also have developed to near final stages GR40 on reparations for the harms of the transatlantic trade in enslaved Africans and the system of chattel and slavery.

And of course, in tight with that is a colonialism.

This this general recommendation when completed, is going to speak to a topic that is being focused on by an enormous, enormous number of institutions within the United Nations, from the High Commissioner on Human rights to the the complete set of anti racism mechanisms, the Working Group on people of African descent, the Permanent Forum on People of African Descent and others.

They're now all calling for reparations.

And so we felt that as the normative centre of these anti racism mechanisms within the UN and as the indeed the oldest, we felt that it was very important that we speak on the topic of reparations and we clarify how that topic is sits within the state obligations created and adopted by state parties when adopting the Convention on the Elimination of Racial Discrimination.

This general, this general recommendation, I'm sorry, this general recommendation is in its final stages and I think is anxiously awaited by many, both within the United Nations and particularly the human rights mechanisms, but also more broadly throughout the civil society.

Thank you, Miss McDougall, I will give the floor to vision now.

I think we are ready for some questions.

Thank you all the speakers.

Now we're opening the floor to question.

Do we have question in from the room?

Yes, please, please identify yourself.

Yes, Hi, my name is Gunila Vonhal.

[Other language spoken]

I have a couple of questions on Sweden.

You're saying in your report that you are concerned on many things.

One of them are the security zones that you mentioned to conduct stop and search operations.

What is problematic about this measure?

How is that not in conformity with international human rights principles and the Convention?

And you also mentioned that the proposal to amend citizenship now demands including language and civic tests in Sweden.

[Other language spoken]

In what way is that problematic?

How is that not compatible with human rights laws?

And is it understandable that these measures are taken in a country like Sweden that has such big problem with gang criminality, as you might be aware of?

[Other language spoken]

As you know, the committee engages on a regular basis with on the state parties and our feedback.

Our concerns reflect the situation on the ground also they they the concerns were voiced during the dialogue with respect to the stop and search and the the risks involved.

The Committee is particularly concerned that this situation creates some significant risk, because there is a risk of abuse when racial profiling is happening, and this is something the committee advises strongly against.

There is also a general recommendation #3037 about this phenomenon.

It has been well considered, extremely risky and discriminatory when people of African descent, but migrants, refugee seekers well are well considered or stopped and and searched to following some racial profiling attitudes.

So this is something we we note with concern and we advise against it because it, we have received numerous reports, we have received information that this is indeed happening.

They were representatives.

Well, the state delegation also included members who were, I would say well, who informed us about their rationality and they and the the reasons.

But the committee considers it, that's this practise still is, is unfortunately present and the state should address it.

On your other question, if I noted it correctly and also I encourage my colleagues also to address these issues if they would like to take the floor.

But let me just clarify, your second question concerned the citizenship issues exactly.

And now that we have the language and civic tests that proposal, how do you see that?

Sorry, how do you see that being problematic?

Well, yes, indeed.

Well, the the committee considers that the legislation might need to to require some scrutiny, some some evaluation given that we of course, we understand that the state shapes its legislation according to also its, its rules.

But these linguistic, this language issues were all considered like as also an issue in.

And we, we believe that there might be also a process required to address this particular problem.

I think Miss McDougall would like to and Miss Tabrynaki could also help me here.

Miss McDougall, please.

Yes, I I just want to speak about the first question.

Stop and search policies have been decried by us and by others in many countries.

Yes, I think we all want to make sure that policing practises wind up in keeping citizens and others safe.

Should also keep migrants, everybody in a state party safe.

But the assumptions of criminality that are at the heart of stop and search policies is what is really obnoxious and unlawful under our treaty.

So that's that's where we're coming from with that.

Sorry to follow up, but I understand it.

Is there any, do you have any understanding that these measures as I said are taken because we really face a big problem with the gang criminality in Sweden?

Well, they may be, that may be the, the impetus of the policies.

That does not mean that they don't violate our convention.

And more broadly, the general practises, good, good practises of policing that I think are are are being adopted and seen by many other countries.

I think that many would say that you're not really solving a problem.

You're creating a problem by using the the kinds of policing policies that use broad brushes to imply criminality across people who have not in fact done anything wrong that you have identified these, these, these these concerns and these these limitations, human rights limitations are not against policing, but are founded in the rights of all individuals to be treated equally and not to be criminalised based on how they look on the issue of citizenship legislation.

With my colleague Mr Vernak, you'd like to just add something, please.

[Other language spoken]

Chair, I actually have a very general comment that could, you know, provide some supplementary answer on your both questions, because here we have as a committee, we have the privilege to see the situation in the country as a whole.

So the policies and the laws and you know, the the unwritten rules.

And so for us, what we see is that, you know, when you try to address one thing, while you don't at the same time address other, let's say, disadvantages that people protected under the convention phase, then you create a very important disadvantage.

And then you cannot even, you know, address your policies, your, your targets in policing, because it's, it's as if from the very beginning, they're not, they're undermined.

So with regard to the languages, it's again, I think we, we, it's very important for states to understand, you know, the populations that they address.

They are these these measures are about the situation, how they live in the ground, how I mean, if there are these requirements are very disproportionate finally for the way they're living conditions and the working conditions and try to facilitate.

And so probably, you know, provide more, not only facilitate the process, but also take into account what actually means citizenship and probably have this dialogues in the country with the communities that are affected to inform this understanding of the ties to a country.

I think we All in all countries, we see the same issues.

And especially now they think that the dialogue, but the dialogue with, you know, the intention and not only for Sweden, for other countries, the intention to include and not to exclude is necessary.

So this is, you know, I think a general comment that applies in both questions.

And thank you very much for your questions.

May I follow up, is there any other question on Sweden either in the room or online?

[Other language spoken]

If so we can move on to a question on New Zealand.

In New Zealand we first of all you see media have documented a rise in the racial hate speech directed to some Mari MP and also we can see a rising anti Muslim conspiracy content spreading online in the contest that the Royal commissions and crime recommendations still had not been implemented given these two situation happening at the same time.

So what do the committee think?

What's the most urgent thing for the country to adopt at the moment?

[Other language spoken]

Thank you for this question.

Yes, we're very much concerned even more so that, you know, this situation, both the rise of hate speech, racist hate speech and of course the terrorist attacks and happened in a period where also the legislation, the, the, the, the measures, the, you know, the efforts to adopt A better legislation have been blocked.

So they have been stopped, the legislation.

So first, first of all, I think you know, again, you cannot just adopt one measure for so complex situations.

You have to design A comprehensive and taking a holistic approach, improve the legislation.

The legislation in the New Zealand is not complete.

It's something that the committee has recommended even in the previous report.

We have either a very high threshold for some content on the line or a very low threshold in, in in other cases.

So they, they, there is legislation, but I think that state parties should consider to improve and also have flexibility, have various forms and various measures, you know, to, to address various, let's say, thresholds and issues of hate speeds.

Our general recommendation 35 in this, in this respect could be a very useful tool for the state party.

And as we said that during the dialogue, we just again reiterated that freedom of expression and hate speeds.

It's not as it's not combating hate speeds.

[Other language spoken]

But actually freedom of expression should also be guaranteed for those who suffer from hate speech and they are silenced due to hate speech.

Second point very quickly is that also it's for the committee.

It's always a very grave concern when hate speech is we have hate speech by politicians and public figures and the only of course the this requires a very immediate reaction by the government and by the authorities to distance themselves and also to let you know the the public know that this is not a mainstream hate speech that should prevail.

So both legislative but also very practical and very clear condemnation, you know, of hate speeds are required.

We strongly encourage the New Zealand to adopt A more comprehensive and legislative framework as well.

[Other language spoken]

Thank you Miss Tabunaki and now I have a question for Mr Tanzani on Guatemala.

On Guatemala, the Committee has mentioned that they you received reports about how the mining industry extracting activities have affected the indigenous people.

Can you walk us through what the violations are exactly there and then what shall the government do?

Thank you for this question.

Effectively, the committee find that's the eviction of indigenous people in Guatemala linked to the mining palm oil and the Edo Electric project is a are a systemic pattern, not a isolated incident.

The this pattern involves various indigenous people and often include the use of private security forces, armed civilian groups and excessive forced by law enforcement, all within the context of uncertain land tenure and lack of of genuine consent.

Without these urgent measures, there is a significant risk of continued eviction, violence and criminalization.

The right of the cultural survival of indigenous people in Guatemala.

So we encourage that this practise should will be will be stopped as soon as possible.

Thank you Mr Kansani and then I have a more general question about this information and misinformation that many Ng OS said that they misinformation.

This information has been filling up the xenophobia and racism.

Does the committee have a observe certain patterns of this development and do you have any measure and suggestion to tackle it?

Thank you for this question.

Well, indeed, misinformation and disinformation are these tools used by some States and some other stakeholders that are in fact strengthening also discrimination, including racial discrimination.

It's so that the, well, the committee, of course, receives information from very various sources.

We very carefully verify it.

By the way, we also do our best to use on the reliable, credible information.

But we are very much aware of the problem that on a in a global scale and, and generally speaking, this, this is some phenomenon that harms human rights and also unfortunately, it is amplified by, by social media.

Well, apart from this, if you allow me also mention another very disturbing phenomenon, which is the humanising language used by some politicians, some states using the humanising language, comparing, using comparisons that are out of place.

Well, this never ends well and I'm afraid that we hear it every day in from various leaders, politicians.

So both misinformation, disinformation and this dehumanising languages are great concerns that the committee is trying to address.

Mr Madruga, please, I I would just want to add to the comments from the Chair that Article 4 of our Treaty is very strong in its condemnation of racist hate speech.

It is very clear how it is at the core of generating a popular sentiment in the wrong direction.

And so we we we take the question of information misinformation in that context.

I think we're seeing it all over the world that racist hate speech is being used, unfortunately at the highest levels of political of politicians around the world.

That I use it as a as a tool of political power and you know, this is something that harms real people and limits their life choices and creates violence in societies that that is that.

So this question of misinformation is not just a technical one, it goes to the core of what we're trying to prevent through our convention.

Thank you Miss McDougall.

Now I'll pass on the floor to the chair to for your concluding remark.

[Other language spoken]

Well, once more I would like to thank all those who take interest in our activities and our mandate.

I would like to ask you to continue this, this interest.

Well, it's perhaps a cliche that we live in in hard times, but also this passing year 2025 was not easy for sort committee and it's activities or other treaty bodies.

One session was cancelled, 1 was shortened.

It's a general problem of the human rights treaty body system in the UN that it's, I'm afraid, struck by the financial crisis in the organisation.

The committee urges Allstate parties and the 182 state parties to ISOT is to seriously consider and urgently consider ways that could improve the situation.

But having said that, we, as I was also saying, we have commemorated the 60th anniversary of the convention and I think much has been achieved in terms of its implementation.

So I will just once more invite you to take a closer look at this, let's say, experience of search in this domain.

And I thank you for your attention.

[Other language spoken]

May I repeat once more the press conference this morning and the news release you have received under embargo until 1:00 PM Geneva time.

On that note, the press conference now has come to an end.

Thank you for your participation.

[Other language spoken]