Experts of the Committee on the Elimination of Racial Discrimination Note Swift Response by the United Kingdom to Investigate Recent Racist Riots, Ask about Compensation for “Windrush” Scandal Victims and Immigration Law Reform
The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined twenty-fourth to twenty-sixth periodic report of the United Kingdom, with Committee Experts noting the State authorities’ swift response to investigate recent racist riots, and asking questions on compensation for victims of the “Windrush” scandal and immigration law reform.
Gün Kut, Committee Expert and Country Rapporteur, said the Committee took note of the swift actions of the authorities to investigate the riots. Stamatia Stavrinaki, Committee Expert and Country Co-Rapporteur, said her thoughts were with the victims of the recent far-right racist riots occurring after the Southport murders. She expressed respect for the large anti-racist movement that gave hope in these times.
Mr. Kut said hundreds of members of the Windrush generation, those who arrived in the United Kingdom from Caribbean countries before 1973, had been wrongly detained, denied access to healthcare services, and in many cases deported. Today, there were reports of difficulties in accessing the Windrush compensation scheme. Had this issue been addressed?
Ms. Stavrinaki said various United Kingdom immigration laws raised very serious concerns. This legislation denied potential victims of slavery and trafficking access to human rights and encouraged racial discrimination against migrants. Would the United Kingdom implement the Supreme Court’s decisions relating to this legislation, and reform all immigration legislation in line with international human rights standards?
Addressing the recent riots in her opening statement, Elizabeth Mary Hawkins, Deputy Director of Communities Governance and Institutions, Ministry of Housing, Communities and Local Government, and head of the delegation, said the thugs inciting or participating in the violence would face the full force of the law. The Government had been heartened to see the much larger numbers of people protecting their communities, joining community cleanups, and raising money for victims. They did the country proud, she said.
The delegation added that the Government had been working to address misinformation in relation to the violence and had set up structures toward this aim. Safeguards had been set up for ethnic minority communities that were targeted in these attacks. Police needed to act in accordance with human rights legislation in their responses to these attacks.
The Government was committed to putting right the injustices of the Windrush issue, the delegation said. The Windrush compensation and status schemes would remain open so that those applicable could receive these benefits. Enhancements had been made to those schemes to reduce the period of preliminary assessment. There was no cap on compensation or deadlines for the schemes. It was important to ensure non-repetition of these wrongs.
On immigration laws, the delegation said the Nationality and Borders Act and the Illegal Migration Act had not been implemented in full. The new Government would consider how to approach these laws. It had announced that it would end the migration partnership with Rwanda. The migrant victims of domestic abuse concession had been expanded this year to provide support and respite to a greater range of victims.
In concluding remarks, Mr. Kut thanked all who had contributed to the open and frank discussions. The dialogue’s intention was to identify the issues faced by the State party in implementing the Convention and to provide recommendations. The State party needed to candidly face all the challenges that it faced and use political will to address persistent problems.
Ms. Hawkins, in concluding remarks, said that the dialogue had been conducted in a constructive spirit. The United Kingdom was committed to building a fairer country and taking action to address racial inequality. It was encouraging people to be proud of their racial identity. It was working with its partners to address racial discrimination across all its territory.
The delegation of the United Kingdom consisted of representatives of the Ministry of Housing, Communities and Local Government; Department for Health and Social Care; Cabinet Office; Department for Culture, Media and Sport; Department for Education; Department for Work and Pensions; Home Office; Ministry of Justice; Northern Ireland Executive; Scottish Government; Welsh Government; Foreign, Commonwealth and Development Office; and the Permanent Mission of the United Kingdom to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of the United Kingdom after the conclusion of its one hundred and thirteenth session on 23 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 thirteenth session and other documents related to the session can be found here.
The Committee will next meet in public on Wednesday, 14 August at 3 p.m. to consider the combined twenty-sixth and twenty-seventh periodic reports of Iraq (CERD/C/IRQ/26-27).
Report
The Committee has before it the combined twenty-fourth to twenty-sixth periodic report of the United Kingdom of Great Britain and Northern Ireland (CERD/C/GBR/24-26).
Presentation of Report
ELIZABETH MARY HAWKINS, Deputy Director of Communities Governance and Institutions, Ministry of Housing, Communities and Local Government, and head of the delegation, said the United Kingdom was fully committed to addressing racial discrimination. The longstanding position of successive Governments was that no one should have to endure racism. The Government was fully committed to building a fairer country and taking the action needed to address racial inequalities. It was from its diversity that the United Kingdom drew its strength. In a recent global survey, 98 per cent of people in the United Kingdom stated that they were comfortable living next to people of a different race, placing the State third globally.
This was contrasted with the violent disorder seen in recent days. The thugs inciting or participating in this violence would face the full force of the law. The Government had been heartened to see the much larger numbers of people protecting their communities, joining community cleanups, and raising money for victims. They did the country proud.
Racial inequalities did exist between different groups. The previous United Kingdom Government had launched the Race Disparity Audit to consider how people of different ethnicities were treated across public services. It then launched the world-leading “Ethnicity Facts and Figures” website, which had been welcomed internationally for its open, data-driven approach. The previous Government’s work was summarised in the 2022 Inclusive Britain strategy. The most recent report into the implementation of the strategy showed that 62 of its 74 actions had been delivered.
The Government was proud of the progress made since the last review but was aware that more needed to be done. The new Government was committed to implementing mandatory ethnicity payments for businesses.
Regarding efforts to promote racial equality in the Crown Dependencies, Guernsey had introduced the Prevention of Discrimination Ordinance in 2023, which enhanced its anti-discrimination legislation. Jersey was developing a hate crime law which addressed offenses motivated by hatred or prejudice. The Isle of Man had introduced its Equality Act in 2020, and intended to introduce hate crime legislation. All inhabited British Overseas Territories had constitutional protections against discrimination, including on the grounds of race. The State party had made significant progress to combat racial discrimination but there was more to do.
RICHARD GARY IRWIN, Director of Equality and Human Rights, the Executive Office, Northern Ireland Executive, said the Northern Ireland Executive was determined to deliver against racial equality commitments. A policy action had been developed. A lack of ethnic data continued to be a significant barrier to promoting racial equality. The Executive was working to address this. It was critical that the Executive continued to work toward realising racial equality.
CATHERINE MCMEEKEN, Deputy Director for Equalities, Scottish Government, said Scotland was a welcoming and open country with a long history of supporting racial equality. People were treated with respect and opportunities were shared more fairly. The Hate Crime and Public Order Scotland Act and the Race Equality Framework had been developed to promote racial equity. Progress had been made in many areas, but racism persisted in schools and workplaces. The Government would continue to address these issues.
AMELIA JO JOHN, Director of Communities and Social Justice Department, Welsh Government, said the Welsh Government utterly condemned the Islamophobic violence seen in recent days. The Anti-Racist Wales action plan had been developed to tackle racial discrimination. A robust evaluation method had been developed for the plan. Significant challenges remained to preventing racial discrimination in Wales, but the Government was committed to this aim.
Statements by National Human Rights Institutions
JOHN KIRKPATRICK, Chief Executive of the Equality and Human Rights Commission, said a strong legal framework prohibited direct and indirect discrimination, harassment, and victimisation in the United Kingdom. Tools like the Public Sector Equality Duty, which originated from the Race Equality Duty, were designed to promote and mainstream equality in public services. Dedicated action plans had been developed by both the United Kingdom and Welsh Governments to address racial disparities. However, Roma, Black, Pakistani and Bangladeshi ethnic groups continued to have lower outcomes in housing, employment and mental health. Government officials needed to look closely at the Commission’s report and action its recommendations and those of the Committee to ensure the full enjoyment of human rights by everyone in the United Kingdom.
EILIDH DICKSON, Scottish Human Rights Commission, said that since the last review, the Scottish Government had embraced the challenge to institutions to become anti-racist. However, there was a need for more tangible, measurable and informed actions to progress Scotland’s Race Equality framework. Issues with data, particularly concerning further marginalised groups of people, had been long noted without effective improvement. Public institutions needed to recognise and respond to historic injustices perpetrated by the State. Measures such as no-recourse to public funds conditions forced many migrants into poverty or unsafe situations. Both Governments needed to work together to mitigate the harms of such policies. The incorporation of the Convention, as the Scottish Government had committed to doing, offered a real prospect of justice for individuals who experienced violations of rights. Such a bill needed to be effective and robust, including for people who experienced racial discrimination in their rights.
COLIN CAUGHEY, Director of Policy of the Northern Ireland Human Rights Commission, said that since the United Kingdom’s last review, Northern Ireland was without a fully functioning Executive for two significant periods, totalling five years. The recent reinstatement of the devolved institutions was welcomed. However, it did not guarantee that the outstanding issues relating to racial discrimination would be addressed. Northern Ireland remained the only part of the United Kingdom without a refugee integration strategy, hindering all aspects of integration and negatively impacting access to adequate housing, education, and other services. The United Kingdom Government’s hostile environment policies also had a detrimental impact in the devolved context. The Northern Ireland Executive needed to work to mitigate the discriminatory impact of these policies. Further, racist hate crime in Northern Ireland was increasing, including through organised attacks. Northern Ireland lacked standalone legislation to tackle hate crime, and prosecutions remained low. There were worrying reports of paramilitary-affiliated individuals perpetrating racist intimidation to deter ethnic minorities from taking up housing in certain areas. Hate crime legislation and steps to address the effects of paramilitarism needed to be brought forward as a priority.
Questions by Committee Experts
GÜN KUT, Committee Expert and Country Rapporteur, said the previous concluding observations were issued in 2016 and a follow-up report was received on time in 2017. The current report was due in 2020 but was submitted late due to the pandemic. The United Kingdom had a complex administrative structure, which made evaluation difficult. It consisted of four countries, 14 overseas territories and three crown dependencies. There seemed to be a lack of appropriate instruments available to the United Kingdom Government to effectively coordinate racial equality policies in all territories. The Committee took note of the swift actions of the authorities to investigate the recent far-right racist riots occurring after the Southport murders.
The Committee was concerned about the consistency and quality of data collected by various devolved governments. How did the Government intend to address this issue for the better development of policy? The Committee had previously requested that sufficient financial and human resources be provided to the national human rights institutes. However, such resources had not grown sufficiently since the last review. At least on one occasion, the independence of these institutions had been called into question. There were also issues concerning the extent of their mandates.
The United Kingdom Government’s inclusive Britain action plan included over 70 targets to tackle racial discrimination. However, assessments were not mandatory. Was there a possibility of addressing this issue? In Wales, there was no impact monitoring framework for plans to promote racial equality. The Scottish Government had yet to produce an action plan to promote racial equality since 2017. In Northern Ireland, the Racial Equality strategy had not been fully implemented and the strategy would expire in 2025. What was replacing it?
STAMATIA STAVRINAKI, Committee Expert and Country Co-Rapporteur, said her thoughts were with the victims of the recent far-right riots. She expressed respect for the large anti-racist movement that gave hope in these times.
Directly incorporating the Convention would enhance efforts to promote racial equality in the United Kingdom. The Committee was interested in hearing about each Government’s plans in this regard.
There were persisting gaps in anti-discrimination legislation. Northern Ireland lacked anti-racial discrimination legislation. How would such legislation be adopted? How would intersectional discrimination be addressed? How would the Government ensure that all overseas territories adopted such legislation?
A series of legislative measures had weakened the legal framework for protecting human rights, including the Legal Migration Act and the Victims and Prisoners Act. The Welsh Government was considering developing its own Human Rights Bill. How would the State party repeal law that perpetuated racial discrimination and revise the Bill of Rights in Northern Ireland?
In how many racial discrimination cases was legal aid effectively provided? Was the State party considering repealing legal provisions that limited access to justice and support access to full reparation for victims of racial discrimination?
Responses by the Delegation
The delegation said the United Kingdom had a dualist legal system, incorporating its international human rights obligations through domestic legislation. The 1965 Race Relations Act and the 2010 Equality Act implemented the Convention, and the new Government had recently committed to devising new legislation on race equality.
The United Kingdom Government fully supported the right to peaceful assembly and protest. The violence that had been seen in recent days ran counter to this. The Government had been working to address misinformation in relation to the violence and had set up structures toward this aim. Safeguards had been set up for ethnic minority communities that were targeted in these attacks. Police needed to act in accordance with human rights legislation in their responses to these attacks.
The Government had launched its ethnicity facts and figures website in 2017, which published data by age, sex, ethnicity and other socioeconomic characteristics. A revised set of data standards was published in 2023. Sixty-two of the 74 actions in the Inclusive Britain report had been achieved.
The Equality and Human Rights Commission had kept its “A” status in May 2024. The Commission decided how to use the funding it received. Public bodies promoted good relations between ethnic groups and worked to eliminate discrimination. Equality impact assessments were mandatory, but these were not always publicly disclosed as they contained sensitive information. The new Government planned to amend the Equality Act. It was currently discussing amendments with civil society.
The present Government had not yet considered whether it would revise the Victims and Prisoners Act. An augmentation of the human rights framework in Northern Ireland needed to be achieved with the consensus of the people of Northern Ireland. There remained no consensus between Northern Ireland parties in this regard, but discussions were ongoing.
The United Kingdom Government devoted significant funding to promote access to legal aid. The civil legal aid market was facing challenges and the Government was keen to continue working to address these. Legal aid was broadly available for discrimination cases.
The Northern Ireland Executive’s Racial Equality Strategy included measures for monitoring implementation and addressing gaps in data collection. Of the proposed 11 actions in the Strategy, eight had been completed. A final report on the implementation of the Strategy was being created, after which a new strategy would be devised. Updated legislation to eliminate racial discrimination was planned for the 2025 Assembly. New legislation would give equivalent if not better protection than United Kingdom legislation. The Executive would work closely with the Equality Commission to ensure compliance with such legislation.
The Scottish Human Rights Commission was an independent national human rights institute with “A” status under the Paris Principles. There were plans to extend the powers of the Commission though upcoming legislation. Equality impact assessments were mandatory for all public policies, which were published online. The Scottish Government had developed a governance group to establish an anti-racism observatory. There were plans to extend the Race Equality Framework up to 2030.
The Welsh Government had set up a working unit to evaluate the implementation of the Anti-Racist Wales action plan. An external accountability group had also been set up to hold the Government to account regarding the implementation of the plan. The Government had a duty to undertake the equality impact assessment process. Improvements were needed in this regard. The Government was currently working to achieve this, including through a refreshed training package for Government staff.
Questions by Committee Experts
STAMATIA STAVRINAKI, Committee Expert and Country Co-Rapporteur, said that the Convention had an open list of rights, not all of which were covered by national legislation in the United Kingdom. Racial discrimination was significantly underreported. It took around 45 years after racial equality legislation was developed before a case involving caste-based discrimination was decided on by the courts.
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, thanked the State party for addressing some of the recommendations made in the previous concluding observations in the follow-up report. Could the delegation inform on the process of updating the Bill of Rights in the United Kingdom? What consultations had been carried out regarding the Scottish Bill of Rights?
One Committee Expert said England had been mandated to organise the right of self-determination of the Palestinian people after the Second World War. The Expert invited the United Kingdom to recognise the mistake it made at that time.
Another Committee Expert asked the State party to present State legislation and policies that fully incorporated the Durban Declaration and Programme of Action. How successful had the State party been in providing legal aid to persons in immigration detention, including persons affected by the Windrush scandal?
A Committee Expert said the recent violent protests had particularly affected minorities and homes, businesses and assets had been destroyed. Was the Government planning to provide reparations to the victims of these violent acts? The Expert called for information on legal rulings in cases of discrimination.
One Committee Expert said 2.1 billion pounds sterling were spent on legal aid each year in England and Wales. Were there cases where legal aid was not available? Was there a minimum wage in England? What did persons have to earn less than to have access to legal aid? What was the authority that granted legal aid?
Another Committee Expert asked why the United Kingdom continued to have a position against Arabs and Muslims.
A Committee Expert asked whether the State party would adopt a law that recognised the State’s role in trans-Atlantic slavery.
Responses by the Delegation
The delegation said the Scottish Government had consulted on a Human Rights Bill in 2023. The Government would provide an update on the Bill in due course. The Bill proposed the elimination of forms of racial discrimination, as well as the elimination of discrimination against women and the implementation of civil, political, economic, social and cultural rights.
The previous Government’s position was that equality impact assessments could not be redacted without becoming unreadable.
The Government was taking a holistic approach to the prevention of violence and disorder. It was doing all that it could to mitigate future violent incidents. Businesses had insurance policies through which they could access compensation. If that was not the case, the Government would consider providing support. The Government intended to stamp out discrimination against all ethnic minorities. It was working with local communities to respond to their needs most effectively.
There was no Bill of Rights for the United Kingdom. The present Government had expressed no intention of returning to the Bill. There were certain subject areas within the scope of legal aid. If the case was within the scope, the person involved needed to meet the means threshold, which was a salary of about 32,000 pounds per year. The legal aid agency operated independently to access requests for legal aid. Case funding was provided when not providing legal aid would be a violation of human rights. Most detained immigration matters fell within the scope of legal aid. Legal aid was devolved in Scotland. Public legal aid was available for all immigration and asylum cases.
The United Kingdom did not have a system of constitutionalised rights. Setting a framework of posited rights ran the risk of violating existing rights.
The Durban Declaration and Programme of Action was a useful reference document. The newly elected Government would look carefully at how the Declaration interacted with policies and legislation. The Government recognised that the State’s colonial past was an extremely important and complex area that it would be looking into.
A reparation scheme had been set up in Northern Ireland for businesses that had been destroyed in riots. Victims of riots could be eligible to up to one million pounds under the Riot Prevention Act in the United Kingdom.
Questions by Committee Experts
GÜN KUT, Committee Expert and Country Rapporteur, said the Committee wished to receive further information on efforts to combat hate speech and hate crimes, including online and by politicians. The United Kingdom had a hate crime action plan which covered England and Wales; a hate crime action plan in Wales and an all-Wales hate crime action board; a Hate Crime and Public Order Act in Scotland; and work in implementing the recommendations of the Committee regarding hate crimes in Northern Ireland was ongoing. The Committee was interested in the implementation of these measures and their outcomes. It was concerned by the underreporting of hate crimes.
Both anti-Muslim and anti-Semitic sentiments had dramatically increased in the State party since the outbreak of conflict in the Middle East. Accountability for religious hate crimes was difficult to secure, particularly for Muslims. The Government had taken steps to tackle hate crimes. Work was ongoing to draft a hate crime bill. What was its status? Campaigns of intimidation in Northern Ireland and the presence of paramilitary groups made it more difficult for ethnic minorities to seek redress for abuses. How were these issues being addressed? Racial hate crimes continued to be a major issue in Scotland. Negative feelings towards the Gypsy, Roma and Traveller community in the United Kingdom appeared to be increasing. Was the Government addressing this?
There was an independent monitor for the press and corrections could be ordered if there were violations. Addressing discrimination was a lengthy process, however, and the self-regulatory framework was ineffective. The Committee sought more information on what happened when politicians were engaged in hate speech. Were there examples of sanctions?
STAMATIA STAVRINAKI, Committee Expert and Country Co-Rapporteur, said hate speech affected minorities’ freedom of expression and right to private life. Would the State party consider withdrawing its interpretive declaration on article four of the Convention?
Various United Kingdom immigration laws raised very serious concerns. This legislation denied potential victims of slavery and trafficking access to human rights. It also encouraged racial discrimination against migrants in the United Kingdom. Would the United Kingdom implement the Supreme Court’s decisions relating to this legislation, and reform all immigration legislation in line with international human rights standards?
What measures had been implemented to ensure swift protection for immigrants in vulnerable situations? Was the State party considering implementing the recommendations of the Brook House Inquiry? What measures were in place to ensure individual assessments for asylum seekers and ensure the principle of non-refoulement? Would the State party consider removing its interpretive declaration concerning the Istanbul Convention?
Responses by the Delegation
The delegation said the Government was committed to tackling all forms of hate crime against all groups. In the four months following the beginning of the Israel-Hamas conflict, reported hate incidences against Muslims rose by over 300 per cent and anti-Semitic incidents rose by over 500 per cent. The Government had committed to funding 20 per cent of costs for Islamic and Jewish organizations as a protection measure. Increased sentences were issued to persons who committed hate crimes against these groups.
The Government was committed to a free and independent media. This was the reason for its interpretive declaration on article four of the Convention. The media had an independent self-regulatory regime where redress was provided to persons who were victims of hate speech. Guidance had been updated regarding hate speech against Muslims and Islam. The Government had been working closely with online platforms to remove illegal content swiftly. Regulators would soon have powers to deploy fines of up to 10 per cent of global revenue to social media platforms for allowing the dissemination of hate speech. Politicians were not above the law and would be held to account for engaging in hate speech. The Government had the ability to prosecute political groups that incited hate speech and hate crimes.
The Nationality and Borders Act and the Illegal Migration Act had not been implemented in full. The new Government would consider how to approach these laws. It had announced that it would end the migration partnership with Rwanda. The migrant victims of domestic abuse concession had been expanded this year to provide support and respite to a greater range of victims. The Government had a duty to provide safe accommodation for all victims.
The Northen Ireland Assembly was currently developing a new model for prosecuting hate crimes and protecting victims that treated these offences as aggravated offences. There was insufficient time to bring forward a hate crimes bill in the current Assembly period. The Executive had initiated a review of the school curriculum to encourage ethnic harmony. The hate crime advocacy service had been set up to receive complaints of hate crimes and raise them with the police.
The number of hate crimes recorded in Scotland had decreased in recent years. Underreporting of hate crime was a key factor. A national campaign “Hate Hurts” aimed to raise awareness of hate crimes. Around 62 per cent of hate crimes in Wales were racially motivated, which was a minor decrease from previous years. The “Hate Hurts Wales” campaign had been set up to tackle hate crimes. The campaign had resulted in a large increase in reports of hate crimes. The Government recognised the deep inequalities faced by Gypsy, Roma and Traveller persons and was tackling these through training and other measures.
Questions by Committee Experts
GÜN KUT, Committee Expert and Country Rapporteur, inquired about the content of the online safety bill. What measures were in place to address racist incidents against Irish persons in Scotland?
STAMATIA STAVRINAKI, Committee Expert and Country Co-Rapporteur, said the State party did not disaggregate ethic data on victims of racially motivated hate crimes. Would it do so?
One Committee Expert asked about whether the online safety bill had come into effect.
A Committee Expert said there had been a five per cent decrease in hate crime offences in 2023 from 2022. Was this decrease related to a lack of successful prosecutions? Would the State party increase education on the legacies of colonialism to prevent racial discrimination of migrants, such as was seen in recent riots?
Another Committee Expert said that many persons of foreign origin were subjected to hate speech and discriminatory behaviour in the field of sport. How was the State party addressing this?
A Committee Expert said the dissemination of disinformation on social media had incited the recent riots. What were the reasons for the spread of this disinformation and how was the State party working to prevent it? Some British politicians had reportedly made inciteful statements concerning Muslims. How was the State party holding these politicians to account?
One Committee Expert said there were deplorable conditions in temporary housing for asylum seekers in the United Kingdom. Why had 50 hotels that had housed asylum seekers previously been closed?
Responses by the Delegation
The delegation said a cross-Executive programme to tackle paramilitarism had been set up in Northern Ireland. It sought to keep people safe and build community resilience. The programme was bearing fruit. A long-term, sustainable approach was needed to tackle the issue.
There was a significant number of Irish people in Scotland. Anti-Irish behaviour was a form of racism that the Government was working to address.
Wales had made teaching of colonial histories mandatory in the school curriculum.
The online safety bill would be fully enforced from early 2025. It included strong protections for children online, and would also ensure that people had more control over the content they wished to see online.
An independent review of the England and Wales cricket board had reported some shocking statistics concerning hate speech and discrimination. The Government was pressuring sporting boards to implement protections from such discrimination. The cricket board had implemented the recommendations made to it by the review board.
The Government was concerned about any cases of children who went missing after being accommodated in hotels. Many children who had gone missing had subsequently been traced and located. The Government was focusing on providing a functioning asylum system and removing people from temporary accommodation once their asylum application review had ended.
Standards for disaggregating hate crimes by ethnicity had been established in 2022 and those standards were being implemented gradually across the various territories.
Remarks by the Chairperson
MICHAL BALCERZAK, Committee Chairperson, recalled that public dialogues with States parties, including this dialogue, should and actually must remain strictly pertaining to issues arising out of the Convention and not political or personal opinions of members of the Committee. The Committee on the Elimination of Racial Discrimination was a mutual-independence treaty body. Rest assured that political statements or statements made out of context were not the basis of the Committee’s activities and of the concluding observations and such statements would not be included in the summary records.
Questions by Committee Experts
GÜN KUT, Committee Expert and Country Rapporteur, requested updated information on measures to combat structural discrimination and inequalities affecting ethnic minority groups and promote the enjoyment of their rights. How had the implementation of the Inclusive Britian action plan and the Anti-Racist Wales action plan contributed to combatting discrimination? What measures were in place to increase the participation of ethnic minority groups in all levels of Government and in decision-making positions in public and private sectors? What had the impact of such measures been? Minority representation remained low, despite the progress made in recent years.
The Police Crime Sentencing and Courts Act gave the police greater powers to restrict protests if they saw fit. The Public Order Act 2023 expanded these powers. There were allegations that police were using double standards in policing assemblies after strict policing of recent Palestine solidarity demonstrations. Media groups and politicians had described the protests as “dangerous” and “hate marches”. Were these allegations true? How was the State party defending the right to freedom of assembly?
STAMATIA STAVRINAKI, Committee Expert and Country Co-Rapporteur, said the State party report confirmed that stop and search practices continued to negatively affect ethnic minorities. The Public Order Act 2023 expanded stop and search powers. There was a rising number of strip searches against children of African descent, who were six times more likely to be subjected to such. There had been an increase in police-involved deaths in recent years. Institutional racism against ethnic minorities had not been effectively addressed. What steps had been taken to introduce the guidelines of the Committee’s general recommendation on racial profiling? What measures were in place to enhance police accountability with regards to stop and search practices, racial profiling and surveillance practices? How had the State party addressed the hostile environment within police forces for persons of ethnic minorities? How was it building trust in police among ethnic minorities? The Terrorist Act of 2017 allowed police to conduct stop and search procedures arbitrarily, disproportionately affecting persons of minority religious groups. What steps had been taken to ensure accountability in counter-terrorism activities and promote access to information for accused persons to help them to defend themselves against stigmatisation?
The Committee welcomed recent reviews highlighting racial discrimination in the judicial system against ethnic minorities. Relations between staff and ethnic minorities in detention centres were strained. What measures were in place to address this?
Responses by the Delegation
The delegation said the State party was working to increase the diversity of applicants for judicial positions. The proportion of judges from an ethnic minority background had increased from seven to 11 per cent in the last few years. The State was also encouraging political parties to increase their diversity. The newly elected Government was the most diverse on record. Around 14 per cent of members of Parliament were from ethnic minority backgrounds, while a record 16 per cent of members of the civil service were from ethnic minorities.
The number of members of ethnic minorities being stopped and searched had decreased in recent years. However, there was much more to be done. Black British were 2.2 times more likely to be arrested in 2023, down from 2.4 times in 2022. Awareness raising campaigns were being carried out to inform police officers about what was taking place and to address the issue. Education programmes were also being carried out to prevent strip searches of children from being carried out except when necessary. There were mechanisms for recourse when police committed human rights violations.
Islamist terrorism and extreme right-wing terrorism were the most common forms of terrorism. The State party addressed terrorism based on threat and risk rather than ideology. There was a big difference between protest policing and how the media reported it. For the most recent pro-Palestinian protests, the vast majority were peaceful and there were very few arrests, contrary to media reports.
The State party had completed almost all the actions undertaken in response to reviews of the criminal justice system. The Inclusive Britain strategy was the State’s framework for tackling disparities in the justice system. The sentencing framework applied equally to all offenders. Previous convictions and early guilty pleas influenced sentencing, and there were ethnic disparities in this regard. A guidebook had been developed for judges to address inherit ethnic biases. Each case needed to be adjudicated on its merits. Increasing the diversity of the judiciary was another way of decreasing inherent bias.
In Northern Ireland, the police service had set up a community engagement team, which held regular events to allow the ethnic minority community to contribute to policing policy. Stop and search powers were reviewed on a regular basis. Research into the use of police powers were also conducted regularly. Body cameras were mandatory for police officers in Northern Ireland. In 2023 and 2024, the average use of body cameras was 92 per cent. The Northern Ireland Policing Board, the Policing Ombudsman, provided scrutiny of police actions.
Scotland had a short-term anti-racism governance group, which make recommendations on the establishment of an anti-racism observatory. Anti-racism policies, and community engagement and advocacy policies were being developed. The Scottish Government had developed a Gypsy Traveller action plan with 33 actions. Good progress had been made in most areas. An independent review group was assessing equality matters in the police service. The Scottish biometrics officer was conducting a study to ensure that any artificial intelligence-based police methods were ethical before they were adopted.
A review of the Anti-Racist Wales action plan was currently being conducted to strengthen the plan. The disparity evidence unit was developing an impact framework to measures the impact of the plan. A mentoring programme was in place that aimed to increase the diversity of ethnic representation in public life.
Questions by Committee Experts
GÜN KUT, Committee Expert and Country Rapporteur, said the Windrush generation, those who arrived in the United Kingdom from Caribbean countries before 1973, were affected by harsh immigration policies. Hundreds of Black migrants had been wrongly detained, denied access to healthcare services, and in many cases deported. In 2018, a report into the Windrush scandal had been published, which contained several recommendations. Today, there were reports of difficulties in accessing the Windrush compensation scheme. Had this issue been addressed?
STAMATIA STAVRINAKI, Committee Expert and Country Co-Rapporteur, said joint enterprise prosecutions had a disproportionate impact on persons of African descent. Could the delegation comment?
Another Committee Expert said that the Committee’s previous concluding observations had addressed the issue of the Chagosians being removed from the Chagos Archipelago in the 1960s. Around 77 Chagosians had arrived in the United Kingdom this year, but only around 40 had been granted protection with the remainder being forced to live in tents. Would the State party permit the right of return of the Chagosians to their islands?
A Committee Expert said the Windrush issue was still of much concern. The most recent review of the issue found that the Home Office had indirectly discriminated against victims in its response. How would the State party rectify this and address the shortcomings of the compensation scheme? Did the State party launch a programme of activities for the Decade for People of African Descent, and would it support a second Decade?
One Committee Expert asked whether the recommendations made by the review panel for the 2018 counter-terrorism legislation had been implemented. Did the State party’s equality action plans specifically deal with racism against people of African descent? Had a review been conducted into the policy for Gypsy, Roma and Travellers in Northern Ireland? How was the State supporting their access to healthcare?
A Committee Expert said that the new Government had a responsibility to implement the Convention, including in overseas territories and Commonwealth countries. How was the Government ensuring that racial tensions in these territories and countries were being addressed? What programmes had been implemented in the British Overseas Territories to implement the Convention?
Another Committee Expert called for information on measures to promote reparative justice for people of African descent. How was the State party supporting the victims of forced assimilation of Travellers in Scotland?
One Committee Expert said there were trends in the United Kingdom of regularisation of xenophobia, hate speech and racist remarks. After Brexit, many migrants were deported. What was the responsibility of political leaders to prevent the regularisation of racism?
Responses by the Delegation
The delegation said the new Government’s manifesto was that multilateral instruments remained indispensable, and it would work to implement these.
The Government was committed to putting right the injustices of the Windrush issue. It was also celebrating the enormous contributions of the Windrush generation. The Windrush compensation and status schemes would remain open so that those applicable could receive these benefits. Enhancements had been made to those schemes to reduce the period of preliminary assessment and to improve the experience of persons applying for the schemes. There was no cap on compensation or deadlines for the schemes. It was important to ensure non-repetition of these wrongs. Early interventions were being carried out for vulnerable people.
The counter-terrorism strategy was refreshed in 2023. The Government had accepted all recommendations of the review of the previous strategy. It continued to review preventative strategies on a regular basis. There were no plans to remove the prevent duty, but there were plans to bolster training and increase access to referrals.
The Inclusive Britain action plan included specific actions targeting people of African descent, including an action on supporting adopted African people and tackling hair discrimination in schools.
The manner in which Chagosians were removed in the 1960s was wrong. There were now no permanent settlements on the Archipelago, and this law applied equally to all people. In 2022, discussions over the sovereignty of the islands commenced with Mauritius. These were ongoing. The United Kingdom was working closely with authorities to support new Chagosian arrivals. The United Kingdom provided financial support to all inhabited British Overseas Territories and was working to prevent racism in the territories.
The Government recognised the importance of the Decade for People of African Descent and was aware of the push for a second Decade, which it was monitoring. The rule of law was at the heart of the Government’s approach to supporting developing Commonwealth countries. A judicial training programme had been implemented in Nigeria.
Northern Ireland had set up a body to support people of African and Asian descent. This body had conducted activities as part of the Decade for People of African Descent, including setting up a monument for victims of the trans-Atlantic slave trade.
The Scottish Government was committed to addressing the ongoing atrocities being faced by Gypsy, Roma and Travellers.
The Anti-Racist Wales action plan had been discussed with representatives of ethnic minorities, including people of African descent. There were also many actions within the plan for Gypsy, Roma and Travellers, including measures supporting children.
Joint enterprise offences, or secondary offences, were a necessary part of law. The Crown Prosecution Service had found ethnic disparities in these offences in a study, but this had been based on a small sample size, and conclusions could not be drawn. A national survey was now being conducted. The Service had updated guidance on response to gang violence.
Questions by Committee Experts
STAMATIA STAVRINAKI, Committee Expert and Country Co-Rapporteur, said the Committee welcomed the State party’s recognition of inequalities in access to healthcare. Austerity measures were having adverse effects on people of African descent. What steps had been taken to ensure quality healthcare services for ethnic minorities? Did the State party collect data on access to healthcare? How was the State party addressing environmental risks caused by poor housing and mental health risks caused by harsh policing for ethnic minorities? What measures were in place to address the overrepresentation of people of Afro-Caribbean descent in mental health institutions? What progress had been made in reforming the Mental Health Act to prevent racial discrimination?
Higher infant and maternal mortality rates among ethnic minorities were a concern. What steps had been taken to identify the root causes and decrease these mortality rates, including in places of deprivation of liberty? What measures would the State party take to prevent overseas activities by transnational corporations that had adverse effects on local communities’ rights? Had such corporations been held accountable?
Racial inequalities were pronounced in child social care. Irish Gypsy, Roma and Traveller children, as well as Black and Asian children, were overrepresented in social care. Black and Asian children were less likely to receive support before their situation escalated. How was the State party addressing this?
Children from Gypsy, Roma and Traveller backgrounds had the lowest levels of education progress, and Black Caribbean children also lagged behind. More than half of Irish Traveller pupils had experienced school exclusions. How was the State party combatting bullying and other factors inhibiting access to education for these ethnic minorities, and increasing teachers qualified to provide specialised support to these groups?
GÜN KUT, Committee Expert and Country Rapporteur, cited reports that ethnic minorities faced disproportionate risks of becoming homeless and substantial differences remained in their participation in the labour market. There were welcome policies and plans of action to address the situation. However, the Committee needed information on reviews of implementation of these.
Disparities in homelessness and overcrowding continued for Gypsy, Roma and Traveller communities. There had been little progress in establishing new legal settlement sites in England and Wales. In Scotland, the Gypsy, Roma and Traveller action plan for 2019 to 2021 was welcome, but its impact was not properly assessed. How was the State party providing affordable and sufficient housing for ethnic minorities? How was the State party tackling issues such as overcrowding in housing? Gypsy, Roma and Traveller pupils had the lowest level of attendance in school, and many such pupils had experienced racially motivated bullying. How was State party addressing these issues?
Responses by the Delegation
The delegation said the Government was committed to reducing inequalities in access to healthcare and reducing health inequalities. The inclusion health initiative was designed to address the health needs of the Gypsy, Roma and Traveller community. Formal data was published on the health risks faced by this group in 2023. The Government was tackling air quality and housing issues that affected the health of this group.
The Government was bringing forward legislation to modernise the Mental Health Act. The legislation would reform community treatment orders to stop them from being disproportionately used against Black patients. It ensured that persons who were involuntarily detained were aware of their rights. The start for life programme aimed to address the maternal and infant mortality rates.
The Government took the poverty and employment problems of minority groups very seriously. There had been progress in rates of employment over time. The Government had an ambitious child poverty strategy. The employment rate for Gypsy, Roma and Traveller groups was much lower than for the rest of the population. The Government was promoting knowledge of Gypsy, Roma and Traveller history, disseminating information on their positive contributions to society, and providing targeted support for these groups in employment offices.
The Government was implementing a range of measures to improve the quality of accommodation for ethnic minorities. It had introduced new housing standards, including strict timelines for landlords to investigate complaints of housing issues. The Government was committed to delivering 1.5 million new homes within this term, the biggest increase in a generation. Local governments were being encouraged to maximise the number of homes devoted to public housing.
Twice a year, the Government ran a Traveller caravan count. There had been a steady increase in the numbers of caravans on authorised sites in recent years. The Government sought to ensure an adequate supply of Traveller sites by providing funding where appropriate. There were consequences for not supplying sufficient land for Traveller sites. The Traveller Site Fund had delivered and refurbished many sites. Local authorities could use the new homes bonus funding scheme to build Traveller sites.
The new Government would review how it could best tackle human rights abuses in overseas supply chains. A contact point had been established to increase businesses’ awareness of human rights principles. The contact point could initiate mediation in cases of complaints of human rights abuses.
The Government was committed to addressing inequalities in the social care system. Documents providing statutory guidance to improve the system had been developed.
All pupils deserved to be able to access quality education. Funding had been set up to support access to education for vulnerable pupils. All schools were required to have a behaviour policy to prevent all forms of bullying. Decisions to exclude pupils needed to be lawful and fair. Appropriate support needed to be provided to address behaviour issues in pupils. In 2023, 16.2 per cent of teachers belonged to an ethnic minority group, up from 11 per cent in 2011. Between 2014 and 2020, the Government had funded a diversity programme that aimed to increase the diversity of teachers.
The Northern Ireland Executive was committed to ensuring that accommodations for Travellers were appropriate and adequate. A national review of the sites for Travellers was being carried out. The police service was required to identify suitable locations for Travellers when evicting them from private land. An updated education strategy had been developed to address the needs of minority groups and prevent racist bullying. Northern Ireland also had an anti-poverty strategy and aimed to strengthen employment rates for ethnic minorities.
Scotland was addressing racism and inequalities in healthcare. All healthcare providers needed to include an anti-racism objective in their service plans. Guidance to support anti-racism planning would be published shortly.
The Anti-Racist Wales action plan included actions to strengthen access to mental healthcare. Good practice guidelines had been developed to improve healthcare for ethnic minorities. A maternity services board had been set up to develop policies to improve infant and maternal mortality rates for Black and Asian persons. The Wales Government was also providing funding to support medical referrals for ethnic minorities.
Questions by Committee Experts
One Committee Expert said that for the same qualification and post, Black persons received lower salaries than white persons. What justified this situation? Was the State party planning on reviewing employment policy to promote equal pay for equal work?
A Committee Expert congratulated Northern Ireland for erecting a monument for the victims of the trans-Atlantic slave trade. She called for a monument to be established for the persons who died fighting chattel slavery. The history of the Empire needed to not be watered down in the history syllabus. Could the State party indicate if human rights education addressed the legacies of people affected by colonialism? There was a growing demand for reparations for human rights violations occurring in the colonial era. Was the State party considering this?
Another Committee Expert said minority children underwent higher levels of discrimination. How did the Government intend to address disproportionate police monitoring of minority children and prevent the detention of minority children who participated in demonstrations?
A Committee Expert asked whether the United Kingdom Government would provide reparation for not recognising the self-determination of the Palestinian people.
One Committee Expert called for statistics on racism in the workplace. What mechanisms were in place to identify racism in the workplace? Would the State party review its legislation to reverse the burden of proof? How many magistrates were trained on the various forms of racial discrimination and its consequences?
A Committee Expert asked whether the recommendations of the independent commission on the media related to representations of racial minorities had been implemented?
Responses by the Delegation
The delegation said Scotland was tackling the ethnicity pay gap through positive action measures and an online hub that promoted anti-racist measures in the workplace. Scotland had put in place an anti-racist curriculum that recognised the State’s role in colonialism and the slave trade. Minority households were more likely to be living in poverty. Large sums had been invested in measures to prevent homelessness. The Government was also increasing the housing supply. Local housing boards were required to address inequalities in housing.
More needed to be done to improve Gypsy, Roma and Travellers’ access to housing in Wales. Around 3.4 million pounds in funding were being provided this year to support these communities’ access to housing. Dedicated funding had also been provided to support Gypsy, Roma and Traveller outcomes in education. The Government also recognised the importance of education on cultural heritage. Education guidance on supporting Gypsy, Roma and Traveller education had been developed. Welsh authorities were working to address bullying of ethnic minorities.
The United Kingdom Government had plans to extend the equal pay regime to ethnic minorities. The new Government’s child poverty taskforce would be addressing matters that contributed to child poverty.
There were many examples of monuments to those who suffered and died as part of the United Kingdom’s colonial history. The Government took suggestions for additional monuments on board.
Now was the time for calm in the Israel-Hamas conflict. The Government continued to call for an immediate ceasefire, a safe and secure Israel alongside a viable and sovereign Palestinian State.
Concluding Remarks
GÜN KUT, Committee Expert and Country Rapporteur, thanked all who had contributed to the open and frank discussions. The dialogue’s intention was to identify the issues faced by the State party in implementing the Convention and to provide recommendations. The success of the State party in addressing issues of racial discrimination was shared by the Committee. The State party needed to candidly face all the challenges that it faced and use political will to address persistent problems.
ELIZABETH MARY HAWKINS, Deputy Director of Communities Governance and Institutions, Ministry of Housing, Communities and Local Government, and head of the delegation, said that the dialogue had been conducted in a constructive spirit. The United Kingdom was committed to building a fairer country and taking action to address racial inequality. It was encouraging people to be proud of their racial identity. It was working with its partners to address racial discrimination across all its territory.
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