OHCHR Press conference: Committee on the Elimination of Racial Discrimination (CERD) - 23 August 2024
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Press Conferences | OHCHR

OHCHR Press conference: Committee on the Elimination of Racial Discrimination (CERD) - 23 August 2024

The UN Committee on the Elimination of Racial Discrimination (CERD) to present findings on Belarus, Bosnia and Herzegovina, Iran, Iraq, Pakistan, the United Kingdom and Venezuela

 

Speakers:  

  • Michal Balcerzak, Chair of the Committee
  • Régine Esseneme, Vice Chair of the Committee
  • Gün Kut, Committee Member
  • Bakari Sidiki Diaby, Committee Member
  • Yeung Sik Yuen Yeung Kam John, Committee Member
Teleprompter
Good morning, everyone.
Welcome to the press conference hosted by the UN Committee on the Elimination of Racial Discrimination.
The community today is going to present its findings on serving countries including Belarus, Bosnia and Herzegovina, Iran, Iraq, Pakistan, the United Kingdom and Venezuela.
Being with us today on the podium, we have Mr Belsasak, Chairperson of the Committee and Mrs SNM, Vice Chair, and we have two committee members, Mr DRB and Mr Koot.
And joining us today also, we have Mr Yun in the room as well.
They will first walk us through their recommendations and conclusion and then they will be happy to take your questions.
So without further delay, I'll pass on the floor to the experts.
Mr Chan, over to you.
Thank you very much, Vivian.
Good morning.
My name is Mihal Baltazhak.
I'm the Chair of the UN Committee on the Elimination of Racial Discrimination.
My colleagues in the podium and in the audience who have already been introduced, but just let me briefly do that again.
Welcome.
We have Miss Regina Sanam, a Vice Chair of the Committee, Mr Bakari Siddiqi Diabi, committee member and also rapporteur of the committee for reprisals.
I welcome Mr Gunkut, a member of the committee and the chair of the former Ad Hoc Conciliation Commission concerning the Interstate communication of Palestine versus Israel.
And I welcome Mr Yongsig Yuen, committee member and the rapporteur for Pakistan.
The committee will today conclude it's 113th session, which was very busy.
We have reviewed 7 state reports.
We conducted dialogues with state parties, delegations, but additionally we also adopted the general recommendation #37 on racial discrimination in the enjoyment of the right to health.
This was an outcome of several years of intensive discussions, preparations, and I'm happy to say that this has been adopted.
And also during this session, the Committee has released the report of the Ad Hoc Conciliation Commission in the Interstate proceedings, State of Palestine versus Israel, which originated in the 2018 communication of the State of Palestine to the Committee under Article 11 of the Convention.
This morning we will present the findings, summary findings concerning the state, the states that we reviewed during the session.
I will present the findings on Iran, Bosnia and Herzegovina and Pakistan.
Mr Diaby will present the findings on Venezuela.
He was the country rapporteur for this country.
Then Mr Kutt will present the findings on United Kingdom and Iraq.
Mr Kutt was country rapporteur for Iraq.
I'm sorry for United Kingdom.
Yes, of course.
And Madam Assanima will present the findings on Belarus and she was a country rapporteur for Belarus.
And then our presentations will be followed by questions and and answers.
So once, once again, welcome to the press conference.
And we, I think we may proceed to the presentations.
As regards findings on Iran, the Committee voiced serious concerns over reports of grave human rights violations committed by law enforcement officers against protesters belonging to ethnic and ethno religious minority groups during the November 2019, July 2021 and September 2022 protests, particularly in the provinces predominantly inhabited by these minority groups.
It urged Iran to immediately contact impartial investigations of into allegations of violations and abuses of human rights committed by state actors during these protests and to provide reparations to the victims.
The committee also expressed concern of the reports that ethnic and ethno religious minorities are over represented in the criminal justice system and are disproportionately subjected to arbitrary detention and death sentences for broadly defined offences under the Islamic Criminal Code, as well As for drug related offences.
It called on Iran to review its legal framework, repeal vaguely worded criminal offences punishable by death, ensure fur and due process for minority groups, and establish a moratorium on the death penalty with the goal of abolishing it.
As regards the summary of findings concerning Pakistan, the committee highlighted escalated incidents in Punjab and Kiber Paktungwa from May to June 2024.
The Committee also underscored its concern over blasphemy accusations and subsequent mob lynchings and the destruction of places of worship, particularly targeting ethnic and ethno religious minorities.
The Committee questioned the impunity for these crimes, citing few arrests and convictions.
The Committee underlined the right to fair trial of those accused of blasphemy, highlighting its concerns over the treatment of suspects, including deaths in police custody and prolonged legal proceedings.
It urged Pakistan to prevent and protect individuals as well as communities against violent reprisals, to repeal its blasphemy laws, ensure for trials and prosecute all acts of violence.
The committee was alarmed by the mass exodus under the Illegal Foreigners Repatriation Plan, which saw 700,000 individuals, including 101,000 between April and June 2024 deported or returned to Afghanistan.
The committee highlighted reports of harassment, forced evictions and the detention of 2800 five 28,500 Afghans from September to December 2023, which have driven many to return to Afghanistan out of fear.
The Committee urged Pakistan to conduct individual assessments of reformal risks and to mitigate risks faced by vulnerable groups, including the risks of trafficking and exploitation of unaccompanied children.
The Committee expressed regret for the lack of legislative and institutional framework in line with international law, recommending the ratification of the 1951 Refugee Convention and it's 1967 Optional Protocol.
Now, as regards the findings on Bosnia and Herzegovina.
The Committee remained concerned about the persistent discrimination and marginalisation of Roma, which hinders the full enjoyment of rights under the Convention.
Key issues include poor living conditions, limited access to public services and formal employment, especially for Roma women, inadequate healthcare and low education enrolment and attendance rates for Roma children.
The committee urged the State party to intensify efforts to address systemic racial discrimination against Roma.
It recommended improving Roma housing and living conditions through genuine consultation, ensuring access to employment and vocational training, combating workplace discrimination, and increasing Roma children's enrollment and attendance in education.
Additionally, the Committee called for accessible and culturally appropriate healthcare services, particularly for Roma women and girls.
The Committee remained concerned that returnees continue to face widespread discrimination and de facto segregation, which hamper their full reintegration into their place of origin.
Despite some progress in the access to adequate housing, returnees still struggle with education, employment, healthcare and social protection, and continue to face hate speech and physical violence.
The Committee called on the State party to ensure a safe and sustainable return and reintegration of returnees, adopt measures to combat discrimination, improve access to essential services, investigate and prosecute all incidents of hate speech and violence, and provide reparation to victims.
That was the summary of findings concerning Bosnia and Herzegovina, and now I would like to ask my colleague Mr Diaby to present the findings on Venezuela.
Thank you, Chair.
The Committee was seriously concerned about the negative impact of mining and indigenous lands and livelihoods of indigenous people.
It highlights the situation between National Strategic Development Zone where indigenous territories were military and military operation were carried out without due consultation as well as human right ***** and violations committed against indigenous people by actors linked to state entities, including members of the National armed Forces and non state armed groups.
The Committee urged Venezuela to refrain from deploying military military forces and conducting military operation in indigenous territories without prior consultation with the indigenous people concerned and to establish effective accountability mechanism for possible human rights violation if the use of military forces is strictly essential.
It also asked to the State party to investigate all allegation of ***** and violence committed by military forces on non state armed groups against indigenous people, particularly indigenous women.
The Committee arise see rules concern over alleged acts of violence, trade and assassination attempts against human rights defenders and including Indigenous Afro and Afrodison leaders and right defenders.
It called on Venezuela to immediately have the persecution of these human rights defenders, prevents all acts of violence and threats and attack of their lives and physical integrity and investigate all allegation of violence, intimidation and defamation against them.
Thank you.
Thank you.
May I now ask Mr Gunkut to present the summary of findings concerning United Kingdom and Iraq?
Yes, thank you, Chair.
The Committees concluding observations on the United Kingdom contains main concerns and recommendations, as well as positive aspects in the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination.
Among the concerns, if you are highlighted here, the Committee expressed its concern about the persistence of hate crimes, hate speech and xenophobic incidents on various platforms and by politicians and public figures.
It is particularly concerned about recurring racist acts and violence against ethnic and ethno religious minorities, migrants, refugees and asylum seekers by extremist, far right and white supremacist individuals and groups, including the violent acts committed in late July and early August 2024.
In calling for action, the Committee urged the United Kingdom to implement comprehensive measures to curb racist hate speech and xenophobic rhetoric, including from political and public figures.
The committee emphasised the need for thorough investigations and strict penalties for racist hate crimes and effective remedies for the victims and their families.
The committee also expressed concern concern about the disproportionate impact of police stop and search practises, including strip searches, on ethnic minorities, especially children.
It also raised alarms over the use of excessive and deadly force by law enforcement.
The lack of accountability and the inadequate support for victims families, all of which disproportionately affect people of African descent and other and other ethnic minorities.
It further highlighted concerns about institutional racism within policing and the criminal justice system.
The committee urged the state party to set up an independent complaint mechanism to investigate allegations of racial profiling, stop and search practises, strip searches and excessive use of force by police.
It called for the prosecution and punishment of perpetrators and stressed the need for victims and their families to access effective remedies.
Additionally, it's recommended taking decisive action to eliminate racial discrimination within policing and the criminal justice system, including its institutional dimension.
Now on Iraq, the concluding observation raised the number of concerns and among them, the Committee was concerned about reports and that the decision to close all camps for internally displaced persons by the end of 2024 could lead to forced and involuntary return of ID PS from ethnic and ethno religious minority groups.
Warning that many of these individuals would have to return to areas severely damaged by armed conflict with inadequate infrastructure, the Committee urged Iraq to ensure that returns or resettlements are safe and genuinely voluntary.
It also recommended efforts to integrate ID, PS, rebuild their communities and restore essential services, while combating stigmatisation and guaranteeing equal access to education, healthcare, employment and housing as protected under the Convention.
The Committee also stated its concern over delays in providing reparations to victims, particularly women, who have suffered grave human rights violations, and highlighted the absence of a legislative framework for prosecuting war crimes, crimes against humanity or genocide.
The Committee urged the State party to take swift action to support and adequately compensate women survivors, including speeding up the verification of pending application under the law on Yazidi female survivors and ensuring the process that does not re traumatise them.
It also called for the prompt passage of a bill by the Council of Representatives to criminalise genocide, war crimes and crimes against humanity and enable domestic courts to prosecute these crimes.
Thank you.
Thank you very much, Mr Hoot.
And now I would like to invite the Committee's Vice Chair, Mr Sinema, to present the summary of findings concerning Bellars.
Thank you, Chair, for giving me the floor.
With regard to Belarus, the Committee highlight is concerned about life threatening conditions faced by migrants, asylum seekers and refugees at the Belarusian border with the European Union.
Citing reports of excessive use of force, arbitrary detention and difficulties accessing asylum procedures, the Committee urged Belarus to take immediate action to protect the lives and safety of those at the border.
Prevent excessive use of force and provide human rights training to border guards and law enforcement officials.
It also called for continued operation with international organisations and other stakeholders to enhance human rights protections and ensure asylum procedures meet international standards.
The Committee was concerned by reports that members of national and other minorities face administrative and order restrictions on the freedom of association and enjoyment of their right to education, religion, language and culture, leading to the dissolution of minority associations, the closure of minority schools and the cancellation of cultural events.
The Committee urged Belarus to effectively implement the Law on national minorities to ensure that members of national and other minorities fully enjoy the freedom of association, education in national minority languages, including Polish and Lithuanian culture, and freedom and manifestation of their religion.
Thank you.
Thank you very much, Mr Seneman, and now we can proceed to questions and answers.
Let me recall that we have 5 Committee members here.
All of us were also country rapporteurs, so we would invite questions about the concluding observations about the dialogues that concern these states, but also questions about other activities of our committee, if you might have such questions.
May I ask Vivian to moderate this part?
Yes, thank you, Chair, let's open the floor.
Yes, for the room.
Isabel from the Efe, you have the first question.
Thank you.
Good morning, Good morning, members of the committee.
Thank you for this briefing.
I would like my country of interest this morning is Venezuela and I would like to I have three questions.
I don't know if you want me to to put them in a row or or 1 by 1.
Well, if I just may ask, would you be able to ask questions in French or yes?
Of Venezuela military.
OK, on.
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We have a few question online and then the next question will go to MFR Reuters.
Emma, you have the question.
We can't hear you, Emma.
Maybe we can go to the next question first.
The next one would go to AFP.
Committee urged the United Kingdom to implement comprehensive measures to curb racist hate speech and xenophobic rhetoric, including from political and public figures.
It's just to ask what could those measures be?
And did you identify any particular politicians who you found to be using racist hate speech?
Thank you.
Thank you for this question.
I think we just heard the second-half of it.
Yes.
Robin, we can't hear which country you're asking about.
Repeat it, please.
Yes, please.
Thank you.
Can you hear me now?
Yes, Yes, Yeah, It was.
It was about Britain and the part that said about the committee urging the UK to implement comprehensive measures to curb racist hate speech, including from politicians and public figures.
It was just to ask what those measures could be.
And did you identify any particular politicians who you found to be using racist hate speech?
Thank you.
Thank you.
And let me refer this question to the country rapporteur for United Kingdom, Mr Koot.
Thank you.
Thank you for the question.
To begin with, the committee evaluates the information that is made available to it through several sources and reports.
So as a result of that, we raise a concern and we ask the state party to address the concern as it sees fit to provide a, a, a solution to the issues raised.
So it's up to the UK government and the other jurisdictions within the UK to find the correct, the right, the suitable measures to deal with these issues.
So no, we do not have specific proposals.
It's not up to the committee to come up with what to do.
The committee asks the state party to find a suitable redress to the situation.
On the second part of the question.
No, we do not name names.
We raise the concern.
There is an obvious concern about hate speech by prominent figures in the public and this is a problem to be addressed and solved by the State party.
Thank you.
Thank you, Mr Koot.
Emma from Reuters, you can have the question back.
I hope you can hear me.
It was just a follow up to Robbins.
I was wondering whether you think that such hate speech by public figures played an important role in fuelling the summer riots or what role it did play according to your assessment.
Thank you very much.
Thank you.
Good.
Thank you.
Well, according to the assessment of the committee, not only in the UK but everywhere else, there is a direct connection between the activities, actions of public figures and racial discrimination.
The UK is not an exception and because we see several examples in the case of the UK that the the committee came up with the concern and related recommendations.
Yes, there is a direct link between what the politicians and public figures say and what happens afterwards.
Thank you.
Since we're on the UK, I'll give the next question to Amelia Guardian.
Yes, hello, can you hear me?
Yes.
Perfect.
So it's again, it's a follow up to the to the same question.
I I hear you saying that you can't name names.
I wonder whether within the reports that were submitted to you by human rights organisations, whether any specific incidents of politicians expressing hate, hate speech were raised.
I wonder whether you had in mind comments from Suella Bravaman, the the former Home Secretary, about an invasion of migrants on the on the South Coast or I suppose you have just referred in your previous answer to specific instances that caused concern and I'm really struggling to understand which instances you were alerted to.
Thank you.
And once again refer it to country rapporteur.
Now the committee actually is comparing the situation as it stood in 2016 when it it it monitored the UK case the last time and now.
So we are interested in seeing what kind of improvements have been achieved in the UK in relation to our recommendations that were made in 2016 and also what new concerns arose in the meantime.
So in that sense, when we consider all the news items, reports and every kind of information including the state party's own report on on periodic report and it's annexes, the committee concluded that there were a number of developments that would raise our concern.
So it is really not possible to site specific examples because it is also difficult to distinguish between what is the most critical and what is less important and so on and so forth.
But there are, there are so many credible reports, as I said, including the State party's own periodic report, that you know, there is no doubt that the issue is a serious one in the UK.
Thank you.
Let's keep the flow going on the UK.
The next question go to New York, NY Times.
Yeah.
Good morning.
Thank you.
Are you following up your comments?
A lot of the issues that you've identified in this report are in fact then nothing new.
We're talking about institutional racism, for example, in the police and the criminal justice system.
I wonder whether you conclude that the UK has been making a good faith effort to implement recommendations and whether you've seen progress or regression on these issues.
And on one particular detail, your report alludes to the children of migrants and asylum seekers who have gone missing.
How extensive is that problem?
Do you have a significant body of evidence on on the scale?
Thank you, please, Mr Good, Yes, thank you for the question.
Well, when you look at the the concluding observations as a whole, there is a section on positive aspects.
So there are certain areas that the authorities of the state party acted in good faith and achieve achieved certain results in line with our recommendations that were contained in the previous concluding observations.
And, and this is you will see in the, in the, in the concluding observations, a number of areas that we have seen progress.
And when we see progress, we note them and we note them in appreciation.
But this doesn't prevent us to further voice our concern and ask further action by the state party, by the UK in this case.
So if you if you if you look closely at the formulation of the concerns and the recommendations, you will see that in certain areas the committee is satisfied, but yet it wants to make sure that further positive action is followed up.
So this is in general what the situation is in the UK case and this is the gist of our report anyway that this spirit of our concluding observations as to the children.
We had reports, we received reports including the national human rights institutions contributions, enough information about the seriousness of the situation to raise it in the concluding observations and make a recommendation about it.
But the during the dialogue, the state party reassured us that they are taking care of the situation.
And this is also somewhat reflected in the concluding observations.
Thank you.
Thank you, Mr Koot.
The next question will go to Voice of America.
Lily.
Hello, hope you can hear me now.
Yes, my question is about Iran.
How does the Committee plan to ensure that Iran follows through on the recommendations for impartial investigations and legal reforms given the country's strategy Court of non compliance with international human rights obligations?
Thank you for this question.
Since I was a country rapporteur for for Iran, allow me to address it.
Well, in actually in each concluding observations, the Committee indicates also the specific issues that we request the state party to follow up on within one year.
And apart from that, we also list specific paragraphs as paragraphs of particular importance or issues of particular importance.
And the issue, the issues concerning the improvements or the recommendations on the persecutions and the deficiencies in the administration of justice, as well as the aftermath of the protests, they were listed as those requiring follow up very shortly.
The committee expressed grave concerns about it.
We received indeed also numerous submissions concerning the aftermath of the protests.
Now as regards to how the committee proceeds and follows up, well within one year we would wait and we would expect the state party to provide us with certain additional information and also well we try also to be up to date with all what is happening.
Apart from that, the the committee will obviously also be vigilant and let me also say that apart from the process of reviewing state reports, apart from conducting dialogues with states periodically, no, the committee also has some other parts of its mandate that it tries to fulfil and part of it is what we call early warning and urgent action procedure.
I'm just mentioning it.
The committee cannot trigger this procedure itself, but it can respond to some situations if it receives a communication indicating a situation of grave concern, a situation where some urgent reaction is necessary because the periodical review is a regular dialogue with with state party.
But obviously we can only, we have capacity to conduct such dialogues in every four or five or six years.
But anyway, the committee stays very much interested in in the follow up and what happens with our recommendations.
Thank you.
Thank you, Mr.
Chair, I believe the discussion will continue on Iran.
The next question is from Iran International.
Bhatia, you have the next question.
Hello, I hope you can hear me now.
Good morning.
This is a follow up to Lily's question.
My colleagues question, how hopeful are you that Iranian states show the goodwill that you asked in a year to get back to you?
Because as you committee recommends that Iranian state to conduct an effective and impartial investigation to the violations of human rights committed in the context of all those recent protests.
How hopeful that you oh that Iranian state to manifest the goodwill and those investigations which you are recommended could be impartial as you are aware that they didn't let any independent bodies to conduct such an investigation and their collaboration with the UN human rights mechanism were quite minimal.
How hopeful are you they do collaborate and get back to you in a year time as you suggested?
That was the question.
Thank you.
Well, we believe that state parties consider seriously they obligations under international law.
We very much wish that they do so.
And this is obviously a certain point of departure now sometimes indeed, it's not easy to expect, it's not easy to be hopeful, so to say.
But nevertheless, on the on the positive side, the delegation appeared to talk with the committee, It responded to some issues and concerns, numerous questions were asked and very specific recommendations were submitted.
Now, I cannot predict how the situation evolves.
I can only assure you about our committee's continuing interest and I can ensure that we will not just close the file and return to it in five or seven years.
I don't know how and when the delegation, the state party responds, but I very much hope that if they consider seriously their international obligations, they should do so.
Also let me note in passing that as you are aware, our committee is not the only body in the UN system that takes much interests in human rights situation in Iran.
You're also aware that there are some findings for instance made by the Independent Fact Finding Commission and that's public record reports are available.
So I'm just mentioning to to say that the third committee does not act in isolation, that we are part of the ecosystem and we believe that this ecosystem together well with all actors involved, including the civil society, has a chance to produce some change.
Thank you.
Thank you.
Mr.
Chair, I have a few written question, the first one about Belarus.
Why hasn't the committee commented on the racial discrimination of Belarusian ethnics from the Olympics Committee?
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Hello LA question at seizure compre.
Cosmon Solar.
Belarus Solar Olympics.
Has insert and comment or review about the Belarusian ethnics discriminated by the Olympic Committee.
Dakar.
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Thank you.
And then I have another question on Pakistan.
That's about the question is it seems to be like a reflecting development in Pakistan.
On one hand, the committee praised about the National Human Rights Commission getting an A grey and the on the other hand, that's the the mock lynching and other violence against ethnic minorities are rising.
So how are these conflicting developments exist?
Thank you.
And let me refer this question to the country rapporteur for Pakistan, Mr.
Young Yuan.
Thank you for your question.
Now when it comes to the National Human Rights Commission of Pakistan, it's a fairly recent institution which got the status, which got the A status fairly recently.
I think it's all things being equal, the National Human Rights Commission is doing a wonderful job.
In fact, we've we've asked that that Commission be dooded with, with extra facilities when it comes to finance as well because it's got a a wide compass to to deal with.
In fact, let's say one thing which comes out in our dealings with the National Human Rights Commission, from what we heard from them is their openness and readiness.
They've come forward that Commission, they've come forward with burning issues in their countries.
So that it's a fact that there are so many problems outstanding of still going on in the in Pakistan.
But I believe that to the credit of the National Human Rights Commission, they are fully alive to those and they are giving I think sufficient attention with their means.
And they've played a leading role in fact, before us in coming up with so many of those hot issues.
Thank you.
Thank you.
Mr Yun.
I don't see any more hands online.
So Mr.
Chair, would you like to conclude the press conference?
Yes, thank you very much.
Yeah, well, let me thank you for all questions and we obviously are also ready to respond to more of them in following days or or weeks.
Let me thank my colleagues who joined me and we were able to address specific questions today.
Let me also recall that the next section, next session of the committee is scheduled from 25th November to 13th December and the Committee will review reports and will conduct dialogues with Armenia, Ecuador, Greece, Kenya, Monaco and Saudi Arabia.
So we have one more session and most likely we will also invite you for a press conference at the end of the session, probably on December 13th.
So I thank you again very much and have a good day.