3248th Meeting, 118th Session, Committee on the Elimination of Racial Discrimination (CERD)

Colleagues, ladies and gentlemen, good afternoon and welcome to the public meeting, 3,248 meeting in public.
We have a number of things to do.
First is the adoption of the general recommendation number 40.
I will give the floor to Madam Booker Wilson, the rapporteur of the GR 40 for her remarks, and then we will go for the adoption.
Mr.
Booker Wilson, you have the floor.
Madam Booker Wilson, you have the floor.
Thank you, Mr.
Chair.
Chairperson, distinguished members of the committee, Excellency, representatives of state parties here presents, members of civil society.
Ladies and gentlemen, At the outset, I wish to acknowledge the representative of Liberia, to the UN in Geneva, His Excellency, Ezekiel Barkley Pad, for his support and of Liberia's engagement with the international human rights system and to advancing the principles of equality, justice, and dignity that underpin our work.
Colleagues, it is my honor to introduce for the committee's consideration general recommendation number 40 on reparatory justice for the harms and continuing consequences of colonialism, the trafficking in enslaved Africans across the Atlantic and other routes and racialized shadow slavery.
Today marks the culmination of an important and historic undertaking by this committee.
The recommendation before us reflects not only our collective commitment to implementing the CR Convention, but also our determination to address one of the gravest and most enduring manifestations of racial injustice in human history.
The development of this general recommendation stems from the recognition that the legacies of racialized chattel slavery and the trafficking in enslaved Africans remain visible in contemporary forms of racial discrimination, structural inequality, exclusion, and marginalization experienced by people of African descent around the world.
While slavery itself may belong to the past, many of its consequences do not.
The committee therefore considered it both timely and necessary to provide authoritative guidance on states obligations under the Convention regarding these continuing harms.
The role to this moment has been both rigorous and inclusive.
The third committee embarked on an extensive process of research, reflection, consultation, and dialogue.
We benefited from the expertise of committee members, scholars, practitioners, representatives of states, national human rights institutions, civil society, and importantly, people of African descent and affected communities whose experiences and perspectives helped shape this text.
The drafting process itself involved numerous revisions and careful deliberations.
Members engaged deeply with complex legal and policy questions, striving to ensure that the text is principled, balanced, and firmly anchored in the convention.
Throughout this process, we sought to build consensus while remaining faithful to the realities that gave rise to this initiative.
We moved from an initial concept to a comprehensive framework that clarifies the relationship between racial discrimination and historical injustice.
We also broaden our engagement beyond the committee room, inviting diverse voices and perspectives.
More to that, we strengthen the texts legal foundations through careful examination of international human rights law, international criminal law, customary international law, and evolving standards on truth, justice, reparations, and guarantees of non recurrence.
Most importantly, we ensured that the experiences and dignity of affected communities remained at the center of our deliberations.
Distinguished colleagues, amongst its most important contributions is the recommendations recognition that the consequences of racialized chattel slavery and the trafficking in enslaved Africans are not merely historical.
GRO 40 acknowledges that the enduring effects of slavery continue to shape patterns of racial discrimination and inequality today.
It therefore situates reparatory justice within the broader obligation of state parties to eliminate racial discrimination in all its forms and ensure substantive equality.
The recommendation further affirms that reparations must be understood in a comprehensive and transformative manner.
Effective reparatory measures should not be limited to monetary compensation alone.
Rather, they encompass a broad range of measures aimed at restoring dignity, addressing structural inequalities, promoting truth telling, preserving historical memory, advancing education, and preventing recurrence.
Distinguished members, today before its formal adoption, we have an opportunity to reflect on the significance of this achievement.
GR 40 is not just a statement about the past.
It is a forward looking instrument that seeks to guide action in the present and contribute to a future grounded injustice, equality, and human dignity.
Therefore respectfully commend are afforded to the committee and recommend its consideration and adoption.
Thank you, Mr.
Chair.
Thank you, Madam Ok Wilson, Rapporteur, colleagues.
The general recommendation number 40 is on your screens.
I'm going to go through section by section and ask for your comments and eventual adoption.
General recommendation number 40 on reparatory justice for the harms and continuing consequences of colonialism, the trafficking in enslaved Africans across the Atlantic and other routes, and racialized chattel slavery.
Roman numeral one, introduction.
Paragraphs 1, two, three, four, five, six, seven, comments.
I see none.
The first section, adopted.
Two, historical context, paragraphs 8, nine, ten, 11, 12, 13, 14, 15, 16, Comments.
I see none.
Adopted Section three, harms and continuing consequences.
Paragraph 17, 18, 19, 20, 21, 22, 23.
Comments, I see none.
Adopted, Section four, normative framework, paragraphs 24, 25, 26, 27, 28, 29, and 30.
Comments.
I see none.
Adopted.
Section A rights of individuals and groups to a remedy and reparatory justice.
Paragraphs 31, 32, 33, 34, 35.
Comments.
I see none, adopted, Section B, special measures and reparatory justice.
Paragraphs 36, 37, 38, 39, 40, comments.
I see none.
Adopted Section C, effective Protection and remedies.
Paragraphs 41, 42, 43, 44, Comments.
I see none.
Adopted.
Section D, Education to combat the persistence of discriminatory attitudes.
Paragraphs 45, 46, 47, 48, 49.
Comments.
I see none.
Adopted.
Roman numeral five, obligations of states parties and recommendations.
Paragraphs 50, 51.
Adopted Section A, obligation of states parties to guarantee reparatory justice.
Paragraphs 52, 53, and 54.
Comments.
I see none.
Adopted.
Subsection one, ensuring the full and effective participation.
Paragraphs 55, 56, and 57.
Comments.
I see none.
Adopted subsection two, guaranteeing full public disclosure of the truth.
Paragraphs 58, 59, 60, comments.
I see none.
Adopted Subsection three, addressing material and social inequalities.
Paragraphs 61, 62, 63, and 64.
Comments.
I see none.
Adopted Section four, providing access to justice.
Paragraphs 65, 66, 67, 60 and 68.
Comments.
I see none adopted.
Subsection five, ensuring the accountability of non state actors.
Paragraphs 69, 70, 71, and 72.
Comments.
I see none.
Adopted Subsection six using educational tools and forms of memorialization.
Paragraph 73, 74, 75, 76, 77, and 78.
Comments.
See none.
Adopted Section B, obligations of states parties to other states.
Paragraphs 79, 80, 81, 82, 83, and 84.
Comments.
I see none.
Adopted Roman numeral six, additional recommendations.
Paragraphs 85, 86, 87, and 88.
Comments.
I see none.
Adopt it.
Can we go to the top, please.
The committee's general recommendation number 40 on repatory justice for the harms and continuing consequences of colonialism, the trafficking in enslaved Africans across the Atlantic and other routes, and racialized chattel slavery as a whole.
Comments.
I see none.
The general recommendation number 40 is adopted in its totality.
Thank you colleagues.
I will give the floor to Madam Mocher Wilson for her final remarks.
Thank you, Mr.
Chair.
Today, with the adoption of General Recommendation number 40, the committee has reached an important milestone in its efforts to advance the objectives of the CRD Convention and to address one of the most enduring sources of racial injustice in our world.
GRO 40, as I stated earlier, addresses reparations for the historical injustices arising from the chattel enslavement of Africans and the ensuing harms and crimes experienced by people of African descent.
As repertoire, as an African, and as the descendant of Africans who endured the injustice and indignity of enslavement, I am deeply humbled and honored to have accompanied this process to its conclusion.
For me, this moment is not only a professional milestone, but also one that carries profound personal significance.
It serves as a reminder that the legacies of transatlantic chattel slavery are not confined to history.
They remain woven into the lived experiences, identities, and aspirations of millions of people of African descent around the world.
At the same time, I remain acutely aware that this achievement is the product of a truly collective endeavor.
Hence, allow me to express my sincere appreciation to all members of the C Committee.
Throughout this process, members brought extraordinary dedication, intellectual rigor, legal expertise, and a shared commitment to ensuring that the final texts would be principled, balanced, and firmly grounded in our CRT convention.
The quality of this recommendation is a testament to the committee's collective wisdom and collegial spirit.
I also wish to extend profound thanks to the Secretariat and colleagues at the OECHR.
Their professionalism, technical expertise, institutional memory, and unwavering support were indispensable throughout every stage of this process.
From research and drafting support to interpretations to coordinating consultations and reviewing successive texts, their contributions were critical to bringing this recommendation to fruition.
Today is also an appropriate moment to recognize the important contribution of Madam Gay McDougall, who once served as the rapporteur for this initiative.
The foundation upon which we have built was laid through her vision, commitment, and leadership.
Although the completion of the process coincided with the conclusion of her tenure on the committee, her intellectual contribution and dedication to the pursuit of racial justice remain embedded throughout this recommendation.
We owe her a debt of gratitude for initiating and guiding this work through its formative stages, and I'm certain that all members of the committee join me in acknowledging her lasting contribution.
Distinguished colleagues, the adoption of GRA Forte could not be more timely.
Across the world, there is a growing recognition that the legacies of transatlantic Charter slavery continue to shape contemporary realities.
The persistence of structural racism, racial disparities, social exclusion, economic inequality, and barriers to equal enjoyment of human rights experienced by many people of African descent demonstrates that the consequences of these hysterical injustices are not confined to history.
Numerous submissions made during the drafting process emphasized that the legacies of chattel enslavement continue to obstruct the realization of equality and nondiscrimination today.
At the same time, global conversations on reparatory justice have gained unprecedented momentum.
Regional organizations, states, national human rights institutions, scholars, civil society organizations, and descendants of affected communities are increasingly engaging in discussions concerning historical accountability, truth telling memorialization, and reparations.
The committee's own call for submissions generated substantial engagement from experts and stakeholders around the world, thus reflecting the growing importance of this issue within international human rights discourse.
The committee's work also built upon broader international developments that have drawn attention to the enduring consequences of slavery, the trafficking of enslaved Africans, colonialism and racial discrimination.
The Durban Declaration and Program of action identify slavery among the major sources and manifestations of contemporary racism and racial discrimination.
More recently, growing international attention to reparatory justice, including discussions with the United Nations system and among regional bodies and civil society movements has further highlighted the need for principled guidance on these issues.
Fellow colleagues GR 40 does not seek merely to revisit the past.
Rather, it seeks to guide future action.
It affirms the importance of truth, justice, dignity, participation, accountability, and non discrimination.
It recognizes that meaningful reparatory measures must address both historical harms and their continuing manifestations.
Most importantly, it places the experiences and voices of people of African descent at the center of the conversation.
Today, therefore, we celebrate more than the adoption of a text.
We celebrate the committee's contribution to an evolving global dialogue on justice and equality.
Today, we affirm the dignity of those whose suffering were denied, minimized, or forgotten.
Today, we acknowledge the resilience of generations who endured, resisted, and survived, and reaffirm our commitment to a future in which racial equality is not merely an aspiration.
It is a lived reality.
Colleagues, GR 40 is not the end of our work.
It is the beginning of a new chapter, a chapter that calls for dialogue, implementation, and action.
May this recommendation serve as a meaningful tool for advancing justice, confronting the enduring consequences of historical wrongs, and strengthening our global struggle against racial discrimination in all its forms.
I thank you.
Thank you very much, Madam Booker Wilson.
I will congratulate you and every member of the committee for contributing to this milestone.
With this, we came to the closing part of our session.
I Yes.
I'm reminded, of course, that His Excellency, Mr.
Ambassador may wish to contribute to this discussion.
You should have talked earlier.
Thank you very much, Mr.
Chairperson.
Before I say something, I just want to let you know, I was a participant in the conference in Dublin in 2001.
At the time, I worked for the American Foreign Service Committee, and I was the International Resility of Southern Africa, or they called the Quaker International Resility of Southern Africa.
So we had a good deleication there.
So thank you so much for this follow up.
They said there are no coincidences in history, but is a coincidence.
Chairperson, distinguished members of the committee.
Excellency, ladies and gentlemen.
The Libuna warmly welcomes the adoption of general recommendation number 40 on repatory justice in the context of racial class transfer to charter slaying and colonialism.
This landmark achievement is an important contribution to the global pursuit of justice, equality and human dignity.
It provides valuable guidance to state parties in addressing the interior consequences of this historical injustice and reinforces the principles of international human rights law.
As a nation founded by formerly enslaved Africans and their descendants, Laburea deeply appreciate both the historical significance and the contemporary relevance of this recommendation.
We commend the committee for its vision, leadership, and dedication in developing a principle framework that responds to the continuing impact of enslavement, colonialism, and racial discrimination.
The Liburea also recognizes the important role of the African Union in advancing reparatory justice as a continental priority in fostering a uniting African force on this issue.
We further acknowledge the leadership of the Republic of Ghana, whose advocacy has helped elevate repatriate justice and international agenda and strengthen global dialogue on the rights and dignity of Africans and people of African descent.
Finally, the library extends its sincere congratulations to Councilor Pillar Booker Wilson, Rapporteur, whom I have known for more than 20 years for the general recommendation number 40 and to all members of the committee whose commitment and expertise have brought this important process to a successful conclusion.
The library remains committed to supporting efforts that advance truth, justice, and reconciliation and the full realization of human rights for all.
Thank you.
Thank you very much, Mr.
Ambassador.
The floor is open for short comments on GR 40 by members.
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This is an important day.
On Sunday, we marked the International Day for the remembrance of the victims of slavery and the trafficking in enslaved Africans.
I am really happy to see the culmination of this work that took place over the last two years.
CRD has now joined the international community of activists who have been working on this for a very long time.
Carm, the AU, civil society organizations, the working group of experts on people of African descent.
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Dear colleagues.
I This has been an extremely productive 118 session of the committee, and I would like to warmly thank all of my colleagues for their dedication and hard work in these difficult times.
I now will give the floor to Madam Shepherd to deliver the committee's report.
On the main activities undertaking during this session.
Madam Shepherd, you have the floor.
Thank you very much.
Dear colleagues and friends in the room and joining us online.
I will provide a summary of the highlights of the 118 session of the committee on the elimination of racial discrimination, which took place from August ten to 25, 2026.
16 of the committee's 18 members participated in the session.
Two members were unable to attend and one member had to leave the session early.
The session was formally opened by Mr.
Cisguo, representative of the Secretary-General and Director of the Human Rights Council and Treaty Mechanisms Division of the Office of the United Nations High Commissioner for Human Rights.
In his remarks, he situated the committee's work in a period of accelerating global crisis, serious human rights challenges, and growing threats to the international human rights system.
Recall in the High Commissioner's global update to the Human Rights Council in June, he stressed that the Universal Declaration of Human Rights and the core Human Rights instruments and treaties are more important than ever and paid tribute to the committee's steadfast monitoring of the convention and its contribution to advancing the rights of all people without discrimination.
I turn now to contra reviews.
During this session, the committee conducted four contra reviews under Article 9 of the Convention, examining the state party reports of Kuwait, India, Honduras, and Finland.
We thank the state party delegations for their presence and for the fruitful and interactive dialogues.
We also express our appreciation to the contra rapporteurs and co rapporteurs for leading these dialogues and to all members for contributing to the drafting and adoption of all the concluding observations.
The observations, we call them CBs, for short, are available on the web page of the SD 118 session.
The committee also wishes to acknowledge the valuable contributions of the national Human Rights institutions, civil society organizations, and human rights defenders that engage with the committee, including through in person, virtual and hybrid briefings.
Under the simplified reporting procedure, the committee adopted a list of issues prior to reporting for one state party, Eritrea.
I turn now to our follow up procedure.
During this session, the committee considered the follow up reports submitted by the following states parties, Belarus, Bosnia, Herzegovina, Ecuador, Kenya, Monaco, Saudi Arabia, and the United Kingdom of Great Britain and Northern Ireland.
The committee wishes to thank these state parties for the information provided on the steps taken to implement the selected recommendations under the follow up procedure.
The committee invites these states parties to give due consideration to the committee's assessments and recommendations and to include in their next periodic reports information on the measures adopted to ensure their full implementation.
The committee also wishes to express its appreciation to civil society organizations, national human rights institutions, and other stakeholders for their continued engagement with the committee under the follow up procedure and for the valuable information submitted.
We thank the follow up rapporteur, miss La Kula, who isn't here.
She had to leave early for her valuable contribution.
The committee adopted general recommendation number 40 today on reparatory justice for the harms and continuing consequences of colonialism, the trafficking in enslaved Africans across the Atlantic and other routes, and racialized chattel enslavement, led by our rapporteur, miss Boko Wilson.
During this session, the committee devoted several closed meetings to reviewing and finalizing the text before its adoption today.
We thank miss Booker Wilson and former rapporteur, miss McDougall, for their invaluable work.
Turning now to early warning and urgent action procedure.
Under this procedure, the committee adopted two decisions and one statement.
The first decision is related to the civilian harm caused by the Israeli military operations in Lebanon, which intensified since second March 2026, and in particular, that continued Israeli airstrikes, shelling and use of explosive weapons in densely populated areas which have caused immense civilian casualties and mass displacement.
The second decision is concerning South Africa and the reported recent wave of xenophobia, racial discrimination, racist hate speech, and racist hate crimes, including harassment, intimidation, looting and organized violent attacks since early 2026 against migrants, asylum seekers, refugees and those perceived as such.
The committee statement is concerning long standing and persistent reported violations of the rights of the Maasai indigenous peoples in Tanzania, including forced evictions and relocations, restrictions on access to ancestral lands, territories, and natural resources, racially motivated excessive use of force, arbitrary arrest and detention, intimidation and harassment.
In addition to these decisions and statement, the committee adopted seven letters addressed to Mauritius, the Russian Federation, the United States of America, Indonesia, Papua New Guinea, Zimbabwe, and Brazil.
Six of these letters are concerning the situation of indigenous peoples in the respective states parties, and the remaining letter is concerning the situation of a minority ethnic group in the state party.
We thank the members of the working group and its coordinator, Monsieur Guset for their important work, including the intersectional consultations in terms of individual communications procedure regarding its individual communications procedure under Article 14 of the Convention, The committee considered and decided on communication number 68 stroke 2019.
The committee found a violation of Article 5A of the Convention concerning the right to equal treatment before tribunals and all other organs administering justice.
We thank the members of the working group and its coordinator, Mr.
Tabriaki, for the important work for the committee.
To conclude, Excellencies, Mr.
Chair, colleagues, this session has again demonstrated the breadth and importance of the committee's mandate.
Despite the serious resource constraints and the wider challenges facing the international human rights system, the committee has continued to monitor implementation of the convention, engage constructively with states parties and stakeholders, develop normative guidance, address urgent situations, and strengthen protection against racial discrimination.
As Mr.
Sisguru emphasized at the opening of the session, racial discrimination continues to affect people and communities in every region and can be embedded in institutions, in laws, policies, and daily life.
The committee's work is therefore not only relevant, it is essential.
We remain committed to advancing the fundamental rights of every person to freedom from racial discrimination.
Thank you, everyone for your attention and thank you, Mr.
Chair.
Thank you very much, Madam Shepherd, for your statement.
Well, let me once again thank all members for your hard work.
We had an unusually short meeting in this session unusually short session, actually.
Our next session, as you all know, is canceled.
So this creates a serious obstacle to our obligation to monitor states parties under the ice.
This is due to a liquidity crisis, as you all know that the UN is facing currently.
U The end result is that the target populations, the possible victims of racial discrimination that we are supposed to protect are not going to be protected.
And that would be a failure on the part of the states parties themselves to live up to the obligations under the convention that they have signed and ratified.
We strongly encourage the states parties to overcome this financial and liquidity crisis so that human rights are protected properly as they should be.
Having said that Again, thank you all members.
Thank you, members of the Secretariat.
Your contribution to our work is invaluable.
Thank you, interpreters for your patience.
Thank you conference services for facilitating this.
This was also unusual because normally we would meet in Pale Wilson.
But now, as a result of the financial crisis, from now on, will be meeting here.
I thank you all for joining this closing session and wish everybody good day and safe travel back who are returning.
I will open the floor for final comments if any member has something to say about the session, and then we will close the session.
I see none.
With that, I now declare the 3,248 meeting and the 118th session of the committee on the elimination of racial discrimination closed.