CERD Publishes Findings On Burundi, Guatemala, Maldives, New Zealand, Sweden And Tunisia

The UN Committee on the Elimination of Racial Discrimination (CERD) issued its findings on Burundi, Guatemala, Maldives, New Zealand, Sweden and Tunisia after reviewing the six States Parties in its latest session.

The findings contain the Committee’s main concerns and recommendations on the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, as well as positive aspects. Key highlights include:

Burundi
While noting Burundi’s stated commitment to 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 recognizing them as Indigenous Peoples, high rates of poverty and illiteracy, limited access to quality health care, and ongoing insecurity over their traditionally owned lands. It asked the State Party to adopt a specific law recognizing 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 Batwa are consulted on any measure affecting their rights, with a view to obtaining their free, prior and informed consent.

The Committee expressed concern that the national legal framework still lacks a definition of racial discrimination consistent with article 1 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. It 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 1, including race, colour, descent, and national or ethnic origin.

Guatemala
Regarding legislative, administrative or other measures that may affect Indigenous Peoples’ rights, the Committee expressed concern about the lack of adequate mechanisms to guarantee their right to be consulted about those measures with a view to obtaining their free, prior and informed consent (FPIC). It also raised concern about the ongoing negative impacts of infrastructure projects and extractive and agro-industrial activities, including mining, palm oil, coffee and sugar production, on the rights, lands, resources and traditional ways of life of the Maya, Xinka, Garífuna and Afro-descendant peoples. The Committee urged Guatemala to develop and adopt, in consultation with Indigenous Peoples, effective measures to fully ensure their right to FPIC, and recommended special measures to prevent and mitigate the negative impacts and pollution arising from these projects and activities, in order to protect their rights, including the right to health, food and a clean, healthy and sustainable environment.

The Committee was concerned about the continued forced evictions of Indigenous Peoples amid ongoing legal uncertainty over land tenure, as well as allegations of excessive use of force by law enforcement and violence by private security companies and other non-state actors, including armed gangs and landowners. It also raised red flag over the use of criminal offences such as various forms of trespassing, which result in the conviction and detention of Indigenous Peoples living in their traditionally occupied territories. The Committee asked the State party to take effective measures to protect Indigenous Peoples from forced evictions, with full respect for their rights, customs, traditions and culture, including a moratorium until the recognition, regularisation and collective titling of their lands and resources are completed. It further called for investigating the legality, transparency and compliance with international standards of eviction orders, and reviewing legislation on trespassing to prevent the misuse of criminal proceedings to criminalise Indigenous Peoples.

Maldives
The Committee regretted that the discriminatory provisions in 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 rights 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 per cent 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 naturalization, and to guarantee their right to freedom of religion without discrimination. It 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 reports of xenophobic sentiment against non-citizens, particularly migrant workers, portraying them as threats to jobs, culture, or 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.

New Zealand
The Committee expressed grave concern over the 2019 terrorist attack against two mosques in Christchurch and regretted the limited progress in implementing the Royal Commission of Inquiry ’s 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 Māori, Pacific peoples, and other ethnic and religious communities. It asked New Zealand to accelerate implementation of the Commission of Inquiry’s recommendations, 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 Waitangi has long been recognized as the foundational framework governing the relationship between the Crown and Māori, recent initiatives to reinterpret the Treaty are being pursued without the free, prior and informed consent or meaningful engagement of Māori, risking the attenuation of Treaty principles, undermining reconciliation, entrenching historical and systemic discrimination, restricting Māori customary rights and weakening Māori self-determination. It asked New Zealand to uphold its commitment to the Treaty of Waitangi 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 Māori and in line with free, prior and informed consent.

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. It was also concerned about reported cases of racial profiling targeting people of African, Asian and Middle Eastern descent. It recommended that the State Party revise its 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 reasonable suspicion and subject to strong monitoring and review mechanisms.

The Committee welcomed the establishment of the Truth Commission for the Sámi 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 Sámi Parliament having nominated replacements. It asked Sweden to strengthen its support for the Commission by appointing the three vacant members in consultation with the Sámi Parliament and ensuring it has adequate human and financial resources to carry out its mandate effectively.

Tunisia
The Committee underscored its concern over the suspension of several local and international human rights organizations 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. It 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 organizations advocating for ethnic minority groups, particularly Black Tunisians, asylum seekers and refugees. It also called upon the State Party to conduct thorough, impartial investigations into all reported cases of intimidation and reprisals against those defending and promoting human rights.

The Committee noted with serious concern that the situation of sub-Saharan migrants has sharply worsened since the President’s February 2023 statement alleging a “conspiracy” to transform the country into “a purely African country that has no affiliation with Arab and Islamic nations”, while highlighting “the need to quickly put an end to this phenomenon”. The Committee was particularly troubled by 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 deaths 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 non-refoulement, ensure access to territory for those needing protection, and investigate all reported cases of collective expulsion.

The above findings, officially named Concluding Observations, are now available online on the session page.

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