OHCHR Press conference: Committee on the Elimination of Racial Discrimination (CERD) - 23 August 2024
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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 committee today is going to present
its findings on seven countries including Belarus,
Bosnia and Herzegovina,
Iran, Iraq, Pakistan,
the United Kingdom and Venezuela.
Being with us today on the podium, we have Mr Beals,
chairperson of the committee,
and Mrs S
and M Vice Chair.
And we have two committee members Mr Di
and Mr K
and joining us today. Also, we have Mr Yun in the room as well.
They will first walk us through their recommendations and conclusions
and then they will be happy to take your questions.
So without further delay, I'll pass on the floor to the experts. Mr.
Chair, over to you.
Thank you very much.
Good morning.
My name is
Michael
Bach.
I'm the chair of the UN Committee on the Elimination of Racial Discrimination.
My colleagues in the podium and in the audience have already been introduced.
But just let me briefly
do that again. Welcome. We have Ms Regina San,
a vice chair of the committee,
Mr
Bakari
Sidiki Di, a
committee member and also rapporteur of the Committee for Reprisals.
I welcome Mr Gun
Kut,
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
Yong,
committee member and the rapporteur for Pakistan.
the committee will today conclude its 113th session,
which was very busy.
We have reviewed seven state reports We conducted dialogues with state parties,
delegations, but additionally,
we also adopted a general recommendation number 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 a 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 of findings concerning the
State the states that we reviewed during the session.
I will present the findings on Iran, Bosnia and Herzegovina in Pakistan.
Mr Diaby
will present the findings on Venezuela. He was the country rapporteur
for this country. Then
Mr
K
will present the findings on the United Kingdom
and Iraq. Mr. Kut was country rapporteur for Iraq.
I'm sorry for the United Kingdom. Yes, of course.
And Madame
will present the findings on Belarus and she was a count rapporteur for Belarus.
And then our presentations will be followed by questions and answers.
So once once again,
welcome to the press conference and we I think we may proceed to the
presentations
as regards the 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 November 2019, July 2021
and September 2022 protests,
particularly in the provinces predominantly inhabited
by these minority groups.
It urged Iran to
to immediately conduct impartial investigations
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
over 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 fair 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
Kyber Pak
Tung
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 fair 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 830,500 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 refoulement
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 its 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
in adequate 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 enrolment and attendance in education.
Additionally,
the committee called for accessible
and culturally appropriate healthcare services,
particularly for Roma women and girls.
The committee remains 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 reparations 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 in indigenous
lands and lives
of indigenous people.
It highlights the situation,
the national strategic development zone,
where
indigenous territories
where militaries
and military operations were carried out without due consultation,
as well as human rights abuse 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 depriving
military
military forces and conducting military operations
in indigenous territories.
We 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 has the the State Party
to investigate
all allegations of abuse and violence committed
by military forces
or non state armed groups against indigenous people,
particularly indigenous women.
The committee arises
concern over alleged acts of violence,
trades and assassination attempts against human rights defenders,
including indigenous, Afro
and Afro descent leaders
and right defenders.
He called on Venezuela to immediately halt the persecution
of these human rights defenders,
prevents all acts of violence and threats
and attacks of their lives and physical integrity,
and investigate
all allegations of violence, intimidation
and defamation against them.
Thank you.
Thank you.
May I now ask Mister Gun
Kut to present a summary of findings concerning the 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 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 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 recommended taking decisive action
to eliminate racial discrimination within policing
and the criminal justice system,
including its institutional dimension
now on Iraq.
And the concluding observation,
uh
raised a number of concerns
and among them,
the committee was concerned about reports that the decision to close
all camps for internally displaced persons by the end of 2024
could lead to forced and involuntary return of IDPs
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.
He also recommended efforts to integrate
IDPs,
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
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,
Mister K.
And now I would like to invite the committee's vice chair Ms Sema,
to present a summary of findings concerning Belarus.
Thank you. Chair for giving me the floor
with regard to Belarus.
The committee highlighted
its concerns 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 other restrictions
on their 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
their 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
Sanderman.
And now we can proceed to questions and answers.
Let me recall that we have five 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 the other activities of our committee.
If you might have such questions,
may I ask Vivian to moderate this part?
Yes. Thank you. Chair.
Uh, let's open the floor.
Uh, yes, for the room. Isabel, from the EFP. You have the first question. Thank you.
Good morning. Good morning. Members of the committee. Thank you for this briefing.
I would like, uh, my country of interest. Uh, this morning is, uh, Venezuela.
Um, and I would like to I
have three questions.
I don't know if you want me to to put the, uh, them in a row or or one by one.
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we have a few questions online, and then
the next question will go to, uh, Emma Far Reuters.
Emma, you have the question.
We can't hear you, Emma.
Thank you.
Maybe we can go to the next question first,
Um, the next one will go to a FP.
Committee.
Urged the United Kingdom to implement comprehensive measures
to curb racist hate speech and xenophobic rhetoric,
including from political and public figures.
Um, 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 are asking about.
Could you repeat it, please? Yes, please.
Thank you. Can you hear me now?
Yes. Yes.
Yeah, it was It was about Britain.
Uh, and the part that said about, uh,
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 count rapporteur for the United Kingdom.
Mister Kut,
Um, 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 solution to the issues raised.
So it's up to the UK government
and the, uh
uh uh, uh
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
is suitable.
Uh uh uh uh, uh, 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 Coo.
Emma from Reuters. You can have the question back.
I hope. I hope you can hear me. Um, it was just a follow up to Robbins.
Uh, I was wondering whether you think that
such hate speech by public figures played an
important role in fueling the summer riots.
Or what role it did play according to your assessment. Thank you very much.
Thank you.
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 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.
Uh, yes. Hello?
Can you hear me?
Yes.
Perfect. So it's again. It's a follow up to the to the same question.
Um, I, I hear you saying that you can't name names.
Um, I wonder whether, within the, um,
reports that were submitted to you by human rights organisations,
Um, whether any specific incidents of politicians expressing hate, um,
hate speech were raised I I wonder whether you had in mind comments from
SUELA. Braverman,
the the former home secretary,
about an invasion of migrants on the on the south Coast or
III.
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 Count Rapporteur.
Now, the committee,
um
actually is comparing
the situation as it stood in 2016 when
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 own periodic report
and its annexes,
the committee concluded
that
there were a number of developments
that would raise our concern.
So
it is really not possible to
cite 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,
uh,
periodic report
that, uh, 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. Um, the next question. Go to New York.
New York Times.
Yeah. Good morning. Thank you. Um, are you following up your comments?
A lot of the issues that you've identified in this report are in fact, then, uh,
nothing new.
Uh, 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 AAA good faith effort
to implement recommendations and whether you've seen progress or aggression,
Uh, on these issues. Um, And on one particular detail,
your report alludes to, um,
the Children of, uh, migrants and asylum seekers who have gone missing.
How extensive is that problem?
Do you have, uh, uh a significant body of evidence on on the scale. Thank you.
Please. Mr Good.
Uh, yes. Thank you for the question.
Well, uh,
when you look at 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
achieved certain results in line with our recommendations
that were contained in the previous concluding observations.
And this is you will see 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 our further action by the state party by the UK in this case.
So 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, this spirit of our concluding observations
as to the Children,
he, um
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 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 Coo.
Um, the next question will go to Voice of America. Lily.
Hello. Hope you can hear me now.
Yes. Uh, my question is about Iran.
Uh, how does the committee plan to ensure that Iran
follows through on the
coms for impartial
investigations and legal reforms?
Given the country's track record of
non-compliance with international human rights obligations.
Thank you for this question since I was a country rapporteur for Iran.
Allow me to address it
well, 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,
uh
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 we
try also to be
up to date with all what is happening.
Apart from that, 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.
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
it is a regular dialogue 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
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
Baria, you have the next question.
Hello? I hope you can hear me now.
Good morning to you.
This is a follow up to Lily's question. My colleague's question.
How hopeful are you?
That Iranian state showed the goodwill that you asked in a year to get back to you
because, as you uh,
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.
Hopeful that you
or to, uh, that Iranian, uh,
state to manifest the goodwill and those investigations
which you are recommended could be impartial. As you are aware that, uh,
they didn't let any independent bodies con to conduct such an investigation
and the 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,
OK.
We believe that
state parties
consider
seriously
obligations under international law. We very much
wish that they do so and this is obviously a certain point of departure
sometimes. Indeed,
it's not easy to expect.
It's not easy to be hopeful, so to say,
but nevertheless,
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 interest in
human rights situation in Iran.
You are also aware that there are some
findings, for instance, made by the independent fact finding mission.
And that's public record reports are available.
So I'm just mentioning 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 civil society, has a chance
to produce some change.
Thank you.
Thank you, Mr. Chair.
I have a few, um, written questions.
The first one about Belarus.
why hasn't the committee commented on the racial
discrimination of Belarusian ethnic from the Olympics committee?
See, we play,
uh,
at the, um
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so,
uh,
Belarus.
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Olympics
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Thank you.
And then, um
I have another question on Pakistan.
Uh,
that's about, um
the question is
it seems to be like a reflecting, um, development in Pakistan.
On one hand,
the committee praised about the National Human
Rights Commission getting an A grade.
And on the other hand, that's the mob 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
Yong Y.
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.
Uh,
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,
we do
it with, uh,
with extra facilities when it comes to finance
as well, because it's got
a
a wide compass
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,
uh, is there openness and readiness?
They've come forward,
that commission, they've come forward with,
burning issues in their countries.
so that,
um
it's a fact that there are
so many problems, uh, outstanding
of still going on
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, uh, 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?
Thank you very much.
Let me thank you for
all questions. And we obviously are also ready to respond to more of them
in the following days 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
session of the committee is scheduled from 25
November to 13 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.