Experts of the Committee on the Elimination of Racial Discrimination Commend Uruguay on High-Quality Delegation, Ask about the Situation of People of African Descent and Measures To Prevent Overcrowding in Prisons
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?
GUN KUT, Committee Expert and Follow-Up Rapporteur, said the follow-up report was duly submitted on time by Uruguay, as was the periodic report. Uruguay was congratulated for the timeliness of the reports. Uruguay had been requested to provide information to promote the participation of people of Afro-descent in the private sector. The Committee had not received any information on this. There needed to be more concrete information around the fulfilment of quotas of people of Afro-descent. More information was needed on the difficulties for the State to include the ethnic and racial dimension in scholarship programmes to meet the quotas for people of African descent.
A Committee Expert said the eight per cent quota established for the employment of people of African descent was not being met. Was there any evaluation of the 2013 law which established the quota? Was there any control or oversight mechanism in place?
Another Committee Expert said hate speech happened online. Did Uruguay plan to adopt a law which would deal with hate speech and incitement of hatred online?
One Committee Expert asked how many children of African descent lived in Uruguay. Out of this total population of children, how many were in school?
Responses by the Delegation
The delegation said legislation had been adopted which referred to the ban on discrimination on racial grounds, in line with the Uruguayan Constitution. The most specific provision was a law which mandated the fight against racism. The definition of racism was clearly defined in Uruguayan legislation, and the Penal Code set out two provisions which condemned discrimination. In Uruguay, there were specific sentences that applied to organizations which promoted racial discrimination. A law stated that audio-visual media could not disseminate content which promoted discrimination against persons based on race, gender or sexual orientation. Freedom of religion was protected in Uruguay and anyone who committed crimes in this regard was punished. A recent case involved a man who threatened a woman over social media using racist remarks and he was sentenced in October last year after being convicted.
Uruguay guaranteed access to justice through complaints, care for victims, procedural guarantees and training. Any person who was subjected to discrimination could file a complaint at a police station. The new Criminal Procedural Code considered victims as full subjects of law who had a right to be listened to, participate in the process, and have their right to reparation recognised. The Ombudsman’s Office was comprised of 340 Ombudspersons throughout the country who provided legal care for those who did not have their own legal defence. Human rights training courses were carried out in conjunction with the United Nations office in Uruguay.
There was a law which set out an eight per cent quota for the employment of persons of African descent, which was set based on information from the 2008 Census. Registers had been created which included racial discrimination as a variable. The main variable within the civil service was links to the State, which contained a public register on all people with links to the State, including information on ethnicity and race. There were key pieces of data regarding ethnicity and race within the civil service. The Census would ask whether people worked within the public or private sector and would ask about their racial heritage, to gather more information on public service. More than 3,000 people had been trained on how to take part in court processes, including on the four laws in Uruguay on non-discrimination.
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. The Government was working with the National Institute of Statistics on this. To continue making progress, the campaign for self-identification was directed at the entire population to improve data on ethnicity and race. This was the first time the State was committed to a self-identification campaign, mainly due to the initiative of civil society.
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. Only three per cent of students at university were Afro-descendants. It was hoped the peer-review process would enable more Afro-descendants to have access to education. Civil society days had been organised together with the National Council of Afro-Descendants. A National Congress of Afro-Descendants was also held, which was open to all.
Training was held for police officers on human rights. The gender policy promoted further training on gender, trafficking, ethnic and racial perspective, and intersectional considerations on human rights. When there were cases of hatred or discrimination, the Ministry of the Interior provided reference to the values provided by the Constitution. There were 281 police stations which could receive complaints, as well as their local branches. A new website had been set up with accessible information for the general population. It was important to work more closely with academia and the scientific community to gather more data. It was hoped this would assist in providing more data on crimes of online hate speech. Investigations carried out by the national police referred to online crimes. Crimes needed to be investigated if they had a racist or xenophobic approach. A directorate carried out ongoing monitoring of social networks and communicated this to other police officers. There was a single computer system to safeguard public safety, which had been granted an A status due to its high quality. The complaints gathered in this system were automatically sent to the Public Prosecutor’s Office.
The delegation said any reference to lineage was prohibited, which stemmed from the times when Uruguay was fighting for its independence. The Commission to Combat Racism and Xenophobia was a body with no authority to sentence anyone. However, the Commission was responsible for receiving complaints, clarifying matters relating to prosecution, and providing advice. Uruguay was proud of the county’s secularism and religious freedom. A recent case of online hate speech had occurred which was connected to football. Measures were immediately taken by the Secretariat of Sport, and advice was provided to the football club. On top of this, a campaign was implemented, which involved State bodies, the advisory service of the Commission, and the football club. Forty-eight requests for information were received in 2022, and in the same year there were 30 requests for direct advice and referrals to the judiciary.
In Uruguay, the education sector was in line with the European Union guidelines on human rights education. All education in the country had an underlying motif of business and human rights, looking at intercultural issues. The education system aimed to shape identities and enhance understanding of the different cultural identities which made up the country. Uruguay was a cultural mix; there were indigenous peoples, those descending from Europeans, and those of African descent who came from slavery. This was taught within the education sector to children of all ages. There were no figures on Afro-descendant children in education because school was compulsory for everyone.
There was a reduction in the underemployment of people of African descent, from 6.8 per cent from 2019 to 4 per cent in 2022. In August 2021, Parliament approved a law on employment of groups that had difficulty accessing employment; 9.6 per cent of subsidies granted were to those of African descent. Uruguay was committed to strengthening programmes of support to people of African descent and any groups subjected to discrimination. The delegation needed more information regarding cases of complaints against the police raised by the Committee Experts. The media law was currently in force; it stated that audio-visual material could not promote discrimination or incite violence, based on race, ethnicity, gender or sexual identity.
Uruguay was working on educational reform to incorporate the Afro descendant racial and ethnic aspect into education. This was an important pillar of the education transformation plan. Uruguay was working to reduce gaps to ensure all were equal before the law. Issues of those of African descent were an issue of the State.
Questions by Committee Experts
EDUARDO ERNESTO VEGA LUNA, Committee Expert and Country Rapporteur for Uruguay, appreciated that the delegation had stated Uruguay’s commitment to fight racism as a nation.
BAKARI SIDIKI DIABY, Committee Expert and Country Co-Rapporteur for Uruguay, congratulated the delegation for the answers provided, particularly on education. He had expected more information on sanctions set up against public bodies which did not comply with quotas. Information had not been provided on hate speech at sporting events.
Mr. Vega Luna said statistics and disaggregated data were very important as they allowed the Committee to see progress made in public policy. Uruguay had provided some data but there was still a way to go. What measures had been adopted to guarantee the effective enjoyment of human rights and the provisions of the Convention for people protected under the Convention? Had the State party adopted measures which promoted participation and inclusion in public and political life for people of African descent, migrants and other minority groups, particularly women?
Sources 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 the penitentiary system? What measures were being taken to prevent overcrowding in prisons? What measures had been adopted to specifically prohibit racial profiling by law enforcement officials? Did the State party have information on cases and punishments based on racial profiling? What had been the impact of public policies launched in this regard?
What measures had the State party taken to reduce the high levels of poverty affecting people of African descent, as well as among indigenous peoples, migrants, refugees, and other disadvantaged groups? What measures had the State party adopted to guarantee access to adequate housing for under privileged and marginalised groups? The Committee had learned about the forced displacements that took place in the Reus neighbourhood in downtown Montevideo between 1978 and 1979. What reparations had been provided to the victims? Had the State party taken measures to assess the impact on the victims' enjoyment of civil, political, cultural, economic and social rights following their relocation to the outskirts of the city?
The Committee was aware of law 19,122, enacted in 2013, which established provisions to promote the participation of Afro-descendants in education and employment. How did the State party ensure compliance with and effective application of this law? Was there a monitoring system for the evaluation of reporting procedures? The law also provided for a quota of no less than 8 per cent in the training and qualification programmes of the National Employment Institute, as well as the incorporation of quotas for Afro-descendants in the scholarship and student support systems. During the last five years, what was the distribution of scholarships and participation in training courses in favour of the Afro-descendant population? What impact had the implementation of this law had in the educational sphere? How had the condition of Afro-Uruguayans improved? Within the framework of the law, eight per cent of the jobs in the public sector were foreseen to be filled by qualified Afro-descendant people. Were updated statistics available on the distribution and application of the eight per cent quota? What measures had been taken to increase the representation of Afro-Uruguayan persons in public positions?
Did Uruguay plan to amend the Constitution to incorporate indigenous peoples? What measures had been implemented to prevent and fight racial discrimination towards indigenous peoples in Uruguay? How was the State ensuring the protection of the rights of indigenous peoples? What had the State done to combat all the forms of racial discrimination faced by women of African descent, indigenous women, migrants, asylum seekers and refugees in the State party? What impact had the law on gender-based violence had on the fight against violence against women? Were there statistics on registered cases? What protection and reparation measures had been designated for the victims?
Mr. Diaby said historically, the nineteenth century was a period of genocide for indigenous peoples. What measures had been taken to combat racial discrimination and xenophobia against migrants, asylum seekers and refugees in the State party? What measures were being taken to facilitate the full integration of migrants and asylum seekers? Did the State party have updated information on these measures? What measures were in place to guarantee access to fair asylum procedures? Did the State party have statistics on stateless persons in Uruguay? What measures had the State party taken to draft its national plan on statelessness? Had the State party adopted measures so that indigenous peoples were provided with enough water?
A Committee Expert said compulsory education did not mean that access to education was guaranteed for people in disadvantaged positions.
Another Committee Expert commended the State party for the high-quality delegation they had sent. The Expert asked if Uruguay was aware that the indigenous peoples were slowly dying out? Citizens of Uruguay needed to ask how to preserve these ancient civilisations. Would Uruguay consider having a new approach to the issue of indigenous peoples?
One Committee Expert said there were around 350 defenders who assisted victims during trial proceedings. Could more information about this institution be provided? Were these defenders providing legal aid? If so, what were the conditions the victims needed to comply with to ensure this support?
A Committee Expert asked whether the laws about non-compliance were fit for the ultimate purpose of educating students and allowing the school system to understand the particulars faced by black students?
Another Committee Expert asked what types of sanctions were imposed for non-compliance in schools? How many people had been affected? What was the percentage of people of African descent who had been impacted by these sanctions?
One Committee Expert asked to what extent digital platforms should be held accountable for what was being posted? Were the laws fit for purpose to deal with these emerging phenomena?
A Committee Expert asked if legal aid in Uruguay applied to both civil and criminal cases? Would legal aid be provided to a plaintiff in a civil case and under what conditions?
Responses by the Delegation
The delegation said that in Uruguay, the rights of all people were recognised, and the violation of those rights could be taken up in court. The law on gender-based violence was a qualitative leap forward in Uruguay’s legislation. In 2021, over 19,000 cases were opened in courts for gender-based violence in the country. The law set out that the victims should receive financial reparations of up to 12 salaries of the perpetrator. In civil cases, for those who did not have sufficient legal resources, these would be provided by the Public Defender’s Office. In criminal cases, even those who did have the resources to pay for a lawyer could still utilise the Public Defender’s Office. There was a specific law which stated that access was prohibited to sporting events to those who incited acts of racism or xenophobia or hatred. It was also forbidden to wear or display symbols which did the same.
Uruguay recognised the rights of migrants and their families to the same standards as nationals. In August, Uruguay would present its first national integration plan for migrants, asylum seekers and refugees, which aimed to promote living in harmony, social cohesion and fighting racial discrimination. A pilot programme was also being put in place for housing migrants in situations of vulnerability. The national migration department would change the software for processing and would begin to include the racial and ethnic variable. The law on refugees was amended in 2021 to provide a comprehensive response to the issues of asylum seekers and refugees. Migrants and refugees were provided with an identification number enabling them to access health and social services in Uruguay.
In 2022 there were only five cases of statelessness in Uruguay. Access to healthcare in Uruguay was universal, public and free. People of African descent had access to the right to health, including access to free contraception, care during pregnancy, and measures to prevent sexually transmitted diseases. Access to water was a public, national service and outlined as an essential resource in the Constitution. The Government had implemented a strategy to face the current water shortage. The TUS card was the social card handed out for cash transfers, to ensure proper access to basic necessities such as food and personal hygiene products. This was provided to people in vulnerable situations. Twenty-six per cent of those who received the card were Afro-descendants. A programme provided shelter for adults in difficulties, with around 20 per cent of these people being Afro-descendants. There were ethnic and racial approaches to alleviating poverty.
A project was in place which implemented actions in the most technological advanced areas of the economy to ensure the inclusion of Afro-descendent people in the formal economy. More than 100 young Afro-descendants were being trained under this programme. A National Council on Afro-Descendants had been established which was chaired by the Ministry of Social Development and included representatives at all levels of the State. The Council was a forum for coordinating public policy with a racial and ethnic approach, to ensure progress for persons with racial descendants, looking at employment conditions and issues relating to health. A Guide for Afro Descendants was an inter-institutional strategy to raise awareness for young people. Since 2020, more than 4,000 people had been trained in 50 public and private bodies; 8.1 percent of the population self-identified as Afro-descendant according to the 2011 Census, making Afro-descendants the largest minority in the country.
When people entered the prison system, they were asked a question about how they self-identified, but there was no systematic data available. A census would be conducted in 2024 which would provide information on self-identification of those deprived of their liberty. The gender unit had launched a guide aimed at lesbian, gay, bisexual, transgender and intersex persons deprived of their liberty. Programmes were in place for those who left the prison system, which included ensuring those who hired former inmates were provided with incentives for doing so. 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.
The law to prevent trafficking was created to bring justice to victims and a National Council on Trafficking was also established. In 2021, the Institute of Children and Adolescents carried out a campaign to assist children and adolescents who were migrating. With the implementation of a new protocol, unaccompanied children could enter Uruguay on humanitarian grounds. In Uruguay, 43 per cent of persons were not owners of their own home; this was an issue across the whole country, not just indigenous populations. The Government was working on innovative tools to find a solution to this.
There had been an issue whereby a Uruguayan winery made wine with the label “Gracias Negrito”; this was in support of a Uruguayan footballer who was banned for racism after posting the phrase on social media. This was an issue, as people in Uruguay did not believe they were being discriminatory, as this phrase was sometimes used affectionately. There was a need to understand the more subtle forms of discrimination.
The Uruguayan education system reached all children in the country. There was a school in a rural area with only three students, which was extremely hard to reach, so much so that every two weeks a helicopter took the teacher to the school to teach these three children. This highlighted the importance Uruguay placed on the educational system, which was obligatory to attend. Ninety per cent of all Afro-descendent children finished primary school, but the drop-out rate was higher once middle and high school were reached. A bursary system was being implemented this year, including for students of African descent. The bursary percentage had risen to 24 per cent for students of Afro descent. The majority of bursaries used by populations of African descent were scientific subjects.
Uruguay had treated the presence of indigenous peoples differently over time. Over the colonial period, these communities had been reduced, but Uruguay was trying hard to change this. Self-identification of indigenous peoples was highly respected. Innovative research was being carried out on genetics, which was provided to indigenous groups.
When inspections were carried out, all workers were protected without taking into account if they were nationals or migrants. Any complaints were reacted to immediately and anonymously. In 2025, a programme would be implemented to provide all migrants with identity numbers. The unemployment rate of migrants was 9.1 per cent, compared to the national average of 7.4 per cent. Ten years ago, it was over 13 per cent, so this was an improvement. From 2019 to 2022, the rate of unemployment of people of African descent had dropped, and there had been an increase in levels of employment. The gap had closed to around 4 per cent in 2023. Uruguay was working hard to close these gaps further.
Questions by Committee Experts
EDUARDO ERNESTO VEGA LUNA, Committee Expert and Country Rapporteur for Uruguay, thanked the delegation of Uruguay for the important information provided, and the responses had been rather exhaustive. The core topics related to implementation and evaluation of public policies. How was the topic of racial profiling being approached in police interventions? Did the Uruguayan State plan to sign up to Convention 169?
BAKARI SIDIKI DIABY, Committee Expert and Country Co-Rapporteur for Uruguay, said Uruguay had one of the highest prison populations in Latin America. Generally, Afro-descendants and indigenous people were over-represented in prison. Should there be some changes to sentencing to ensure they were more in line with international standards? He was also concerned about the water scarcity crisis. The delegation had said there were de-salination programmes in place to ensure that indigenous peoples and people of African descent could drink from them. However, the Committee had heard that drinking water was used for watering big plantations; should the order not be reversed here?
A Committee Expert was concerned that the delegation was divided regarding the word “negrito”. The delegation should leave the interaction with the Committee with the united view that the word was offensive and should not be used. This should be taught in every school in the country.
Responses by the Delegation
The delegation said clearer figures around the prison population would be available following the 2024 Census. The delegation was united in fighting any act of discrimination, however, sometimes the use of language differed. Some people found it difficult to see how familiar language used with affection could be discriminatory. Uruguay had problems to solve in this regard, and was on a learning curve. The country was united on the path towards better human rights. The International Labour Convention 169 was still under consideration in Uruguay.
Uruguay was currently experiencing a water crisis; 98 per cent of the potable water drawn from rivers flowed into the ocean, and was not in any way the cause of the water crisis. The crisis was due to a lack of rainfall and the State had taken numerous measures to alleviate the situation, particularly for those in most vulnerable situations.
Closing Remarks
EDUARDO ERNESTO VEGA LUNA, Committee Expert and Country Rapporteur for Uruguay, thanked Uruguay for their open approach to dialogue, particularly on sensitive topics. Some answers had been highly satisfactory, yet some areas still needed to be explored. Mr. Vega Luna thanked the delegation for their willingness to participate in the two meetings.
NICOLÁS ALBERTONI, Vice Minister of Foreign Affairs of Uruguay and head of delegation, thanked the Committee for the dialogue held over two meetings. Uruguay would return home feeling that they had learned something but 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. Uruguay would spare no efforts to implement all the Committee’s recommendations.
VERENE ALBERTHA SHEPHERD, Committee Chairperson, said a Committee Expert had referred to the Declaration on the Rights of Indigenous Peoples, and it was important to draw attention to the sentiments expressed. 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.
Produced by the United Nations Information Service in Geneva for use of the media;
not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.
CERD23.013E