The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined twenty-fourth to twenty-sixth periodic report of Uruguay, with Committee Experts commending Uruguay on the high-quality delegation which had provided exhaustive responses, and asking about the situation of people of African descent, and measures taken to prevent overcrowding in prisons.
A Committee Expert commended the State party for the high-quality delegation they had sent. The Committee's Country Rapporteurs commended Uruguay for the exhaustive responses during the dialogue.
Eduardo Ernesto Vega Luna, Committee Expert and Country Rapporteur for Uruguay, asked what measures had the State party taken to implement the work of the national racial equity system? What impacts had this system had in reducing the existing gaps between the Uruguayan population and those of African descent? Did the national plan for racial equity and Afro-descendants contribute to increasing the political participation of those Uruguayans of African descent? Had the State party incorporated any lessons learned into the design of policies for Afro-descendants? What measures were being taken to adopt a comprehensive policy and national plan against racial discrimination? Had consultations with stakeholders and racial minorities been held?
Mr. Vega Luna also said that sources had indicated that Uruguay had a higher percentage of prisoners than the global average. Could the State party provide updated information on the ethnic and racial origin of people deprived of liberty? What was being done to tackle the over-representation of persons of African descent in penitentiary systems? What measures were being taken to prevent overcrowding in prison?
The delegation said there was significant commitment to fighting racism in Uruguay. In the 2011 Census, those who self-identified as Afro descent were 8.1 per cent, while 2.4 self-identified as indigenous. A campaign had been carried out for the self-identification of African descent, with massive reach across television, radio and social media networks. Consultations were being undertaken to put the new plan on ethnic and racial descendants in place. A strategy was in place until 2030, which had been shaped by the national plan on Afro-descendants, with three main goals, including education, employment and civil society participation.
The delegation said when people entered the prison system, they were asked a question on their self-determination, but there was no systematic data available. However, a census would be conducted in 2024 which would provide information on self-identification of those deprived of their liberty. The gender unit launched a guide aimed at lesbian, gay, bisexual, transgender and intersex persons deprived of their liberty. There was nearly a 3,000-bed shortage in prisons, but 850 new ones had been created. Over the next three years, more than 3,900 new places would be created, meaning there would be an end to prison overcrowding. There would be a special module for trans inmates as well.
Introducing the report, Nicolás Albertoni, Vice Minister of Foreign Affairs of Uruguay and head of delegation, said in recent years, Uruguay had made progress in obtaining official information on the ethnic and racial self-identification of people of African descent, aimed at recognising their historical and cultural contributions, and devoting attention to ethnic and racial issues in public policies. The Afro/black ethnicity race variable was included in the 2023 National Census of Population, Households and Housing. On 24 July, the Government presented a "Guide for the implementation of the labour quota for Afro-descendants in the public sphere", an instrument which illustrated selection proceedings that allowed for the effective implementation of the eight per cent quota which had been established by law.
In closing remarks, Mr. Albertoni thanked the Committee for the dialogue held over two meetings. Uruguay wished to leave the impression that it was a country doing its utmost to banish discrimination. This year, the Government planned to submit a new national action plan for human rights which would include the insights by the Committee.
Verene Albertha Shepherd, Committee Chairperson, said the State party should pay attention to the recommendation on racial profiling, especially in police investigations. Everyone needed to be aware how words could affect people. She thanked the delegation of Uruguay for the frank and open dialogue.
The delegation of Uruguay consisted of representatives of the Ministry of Foreign Affairs; the Ministry of Public Health; the Ministry of the Interior; the Ministry of Labour and Social Security; the Legislative Power; the National Civil Service Office; the Institute of Children and Adolescents; and the Permanent Mission of Uruguay to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Uruguay after the conclusion of its one hundred and tenth session on 31 August. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee's one hundred and tenth session and other documents related to the session can be found here.
The Committee will next meet in public on Thursday, 16 August at 3 p.m. to consider the combined sixteenth to eighteenth periodic report of Namibia (CERD/C/NAM/16-18).
Report
The Committee has before it the combined twenty-fourth to twenty-sixth periodic report of Uruguay (CERD/C/URY/24-26).
Presentation of Report
ÁLARO MOERZINGER PAGANI, Permanent Representative of Uruguay to the United Nations Office at Geneva, introduced the delegation of Uruguay to the Committee.
NICOLÁS ALBERTONI, Vice Minister of Foreign Affairs of Uruguay and head of delegation, said Uruguay became a country of migration throughout the nineteenth century and first half of the twentieth, and its experience had been to fully integrate migrants into the fabric of Uruguayan society. In the last decade, Uruguay had received a significant influx of migrants of Latin American origin, and had similar success in their social, cultural and economic integration. In recent years, Uruguay had made progress in obtaining official information on the ethnic and racial self-identification of people of African descent, aimed at recognising their historical and cultural contributions, and devoting attention to ethnic and racial issues in public policies.
The Afro/black ethnicity race variable was included in the 2023 National Census of Population, Households and Housing. An audio-visual campaign was carried out, with the support of the World Bank, to reinforce the importance of self-identification of the Afro-descendant population. Several laws had been enacted since the report was submitted in 2020, as well as the creation of a specialised unit on gender. The first national human rights plan for 2023-2026 was being prepared, which created the conditions for the systematic incorporation of the human rights approach in public policies. The drafting process was expected to be completed this year.
Actions had been undertaken to facilitate universal access to sexual and reproductive health for people of African descent, indigenous peoples, migrants, asylum seekers and refugees. This included access to affordable and quality contraceptive methods, prevention of unsafe abortion, comprehensive care during pregnancy and childbirth, the eradication of preventable causes of maternal mortality, and the prevention of sexually transmitted diseases such as HIV/AIDS.
The National Plan for Racial Equity and Afro-Descendants (2019-2022) aimed to strengthen public policies and programmes through an ethnic and racial equity perspective. The framework included training provisions for managers, as well as affirmative actions towards people of African descent. On 24 July, the Government presented a "Guide for the implementation of the labour quota for Afro-descendants in the public sphere", an instrument which illustrated selection proceedings that allowed for the effective implementation of the eight per cent quota which had been established by law.
Between 2022-2023, a project was developed, which looked at dynamic sectors, including tech, aiming to ensure employment integration by training young people from African communities who lived in the Rivera Department. The modernisation of the Didactic Guide in Education and Afro Descendants was also under way to advance the inclusion of the ethnic and racial approach in the educational curriculum. The Division for the Promotion of Public Policies for People of African Descent presented a strategic view on training and awareness raising in educational spaces on Afro-descendant issues and the fight against racism and discrimination, including peer-to-peer tutorials for students of African descent.
In recent years there had been an increase in the number of migrants and refugees in Uruguay, predominantly young people from Cuba and Venezuela. Assistance was provided to 3,387 migrants in 2020 and 2,758 in 2021. In 2022, the first plan for the integration of migrants and refugees was designed to ensure that these populations integrated in Uruguay and promoted development for the whole country. Mr. Albertoni concluded by stating that as outlined in the Uruguayan Constitution, all persons were equal before the law. Uruguay would continue to work to eliminate discrimination in its society.
Statement by the National Human Rights Institution
MARCOS ISRAEL CÚENO, President of the National Human Rights Institution of Uruguay, said the Uruguayan State had made progress in ratifying international treaties to comply with commitments undertaken to eliminate racial discrimination. However, there were gaps between the Afro-descendent population and the rest of the population. According to the 2011 census data, people of African descent represented 11 per cent of the population; this should be reflected in the quota law. According to data published a few days ago, just 1.8 per cent of people of African descent worked within the Uruguayan State. Almost all the bodies which did not comply with the quota laws had provisions which made it difficult for them to be punished for non-compliance. It was difficult to apply this law in practice.
Questions by Committee Experts
EDUARDO ERNESTO VEGA LUNA, Committee Expert and Country Rapporteur for Uruguay, said Uruguay was a country with a long democratic tradition in Latin America and which in recent decades had experienced significant progress in the economic, social and institutional spheres. Along with these advances, difficulties had been faced, especially as a result of the pandemic and severe drought. The Committee looked to open the dialogue on the situation of racial discrimination in Uruguay that mainly affected the most vulnerable citizens such as Afro-Uruguayans and indigenous peoples. It was hoped the dialogue would be constructive and make it possible to learn about the progress and difficulties in reducing the racial gap in Uruguay.
Regarding the 2023 Census, how was the criteria of ethnic and racial self-identification incorporated? Did the State party have updated information regarding the demographic compilation of the population? Could specific information be provided on judicial cases where the Convention had been applied? What training had been provided with regards to the Convention for civil servants, law enforcement officers, and judiciary staff? What was the specific content of these training programmes?
Did the Constitution explicitly prohibit all forms of discrimination? Had the State party adopted specific legislation against racial discrimination? The Committee was concerned that the Uruguayan Penal Code did not include as a punishable act disseminating messages of racial hatred or financing racist activities. What measures had the State party implemented to harmonise its Penal Code with article 4 of the Convention? What specific measures were taken within the State party to prevent and punish hate speech, xenophobia and incitement to racial violence, in the media and on social media networks? What measures would the State party take to ensure that all behaviour which incited discrimination or hatred, related to digital content, was investigated and punished?
What measures had the State taken to implement the work of the national racial equity system? What impacts had this system had in reducing the existing gaps between the Uruguayan population and those of African descent? Did the national plan for racial equity and Afro-descendants contribute to increasing the political participation of those Uruguayans of African descent? Had the State party incorporated any lessons learned into the design of policies for Afro-descendants 2030? Had consultations been carried out with civil society? What measures were being taken to adopt a comprehensive policy and national plan against racial discrimination? Had consultations with stakeholders and racial minorities been held?
BAKARI SIDIKI DIABY, Committee Expert and Country Co-Rapporteur for Uruguay, asked what measures had been taken to implement relevant legislation on racial discrimination, including measures to guarantee effective and wide-reaching enquiries and procedures? What measures had been taken to ensure victims of racial discrimination had effective access to judicial processes, and when appropriate received reparations? What was being done to fight stereotypes and racial attitudes in the penal system? The Committee was concerned at the lack of references regarding racial discrimination complaints in judiciary bodies. Could the number of complaints of racism and xenophobia over the past five years be provided? Was there a register on statistics and complaints, particularly regarding religion and religious sentiment?
What measures were taken to include pedological material and books on human rights within the education system? What were the lessons learned from the national plan for human rights? What measures were taken to promote people of African descent and other minorities within schoolbook materials? What was being done to ensure the eight per cent quota was being met and to punish those who were not complying? What measures were being taken to ensure indigenous peoples of Uruguay could protect their history, culture, customs and traditions? What was the State party doing to combat acts of racism in sport? Would a specific law be adopted to fight racism and intolerance at sporting events? What measures had been taken to promote the respect of the religions of Uruguayans of Afro-descent?
