HRC Investigative Bodies - Press conference

Okay, good morning, everyone, and thank you for joining us at this press conference with the expert mechanism to advance racial justice and equality in law enforcement. With us today are acting chair of the expert mechanism, Ms. Tracy Cuzzi, and joining online, a fellow expert, Mr. Victor Rodriguez. As you may know, the expert mechanism was established by the Human Rights Council in 2021 to examine systemic racism and its root causes worldwide. Today, its experts will be sharing the findings of their latest report ahead of their presentation to the Human Rights Council this afternoon. Now, Mr. Kuzi-- sorry, excuse me. Now, Ms. Kuzi will make an opening statement, and then we'll open the floor to your questions. Thank you.

Thank you. And thank you, everyone, who has joined us here and online. Of course, and a warm welcome to my colleague, Victor Rodriguez, who is joining us also online and will be available for questions at the conclusion of my statement. I am Dr. Tracy Keesee. I am the interim chair of EMMLR, and I am here in Geneva to present the two recent reports from the expert mechanism. And today, we'd like to take stock where we are after five years, the establishment of the International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement, or as we like to say, IMLER. The mechanism was created by the Human Rights Council in 2021 to help advance transformative change for racial justice and equality in law enforcement, to investigate responses and peaceful anti-racism protests, and to contribute to the accountability and redress for victims. Our mandate was created because states acknowledge the systemic racism affecting Africans and people of African descent in their interactions with law enforcement and the criminal justice system exists, that it causes real harm, and that addressing it requires more than statements of concern. It requires independent inquiry, evidence-based analysis, accountability, participation, and sustained commitment to transformative justice. Since 2022, we have worked to fulfill the mandate through our thematic reports, country visits, consultations with governments, engagement with wide range civil society actors, law enforcement, and other justice system actors, and most importantly, listening to victims, families, and affected communities. We have found over these years in both concern and instructive. Across different regions, legal systems, and political contexts, many of the same patterns continue to emerge. Africans and people of African descent continue to be disproportionately the target of law enforcement policies and procedures. They continue to experience racial profiling, excessive use of force, discriminatory stops and searches, and unequal treatment throughout the criminal justice process. They are not simply individual failures or isolated incidents. In many cases, they reflect systemic problems historically embedded in institutions, policies, and practices. Racial disparities are often further exacerbated when race or ethnic origin intersects with other characteristics such as gender, age, socioeconomic, and migrant status. Our work has also shown that discrimination does not begin or end with policing. It can infect every stage of the criminal justice system, from the initial encounter with law enforcement to arrest, prosecution, trial, sentencing, imprisonment, and release. Our recent analysis found that racial disparities continue throughout this continuum, and often producing worse outcomes and compounding trauma for Africans and people of African descent. At the same time, accountability remains a major challenge. Too many victims and families continue to encounter obstacles when seeking truth, justice, and reparations. Too often, investigations into deaths, excessive use of force, or other serious human rights violations fail to meet international standards of independence, effectiveness, or transparency. Since our establishment, we've sought to examine these issues from different angles. Our first thematic report focused on the critical importance of collecting and publishing disaggregated data. We found that without reliable data, systemic racism remains difficult to identify, measure, and address. Data is not simply a technical issue. It is a necessary tool for accountability and meaningful reform. In 2023, we reported on what it means to reimagine policing. We explored ways to strengthen trust between communities and institutions, improve oversight and accountability, and reduce reliance on force while enhancing public safety. We highlighted examples showing that protecting human rights and ensuring public safety are mutually reinforcing objectives, not competing ones. In our subsequent report on justice, accountability, and redress, we focused on what victims need and deserve when human rights violations occur. Accountability is not only about criminal sanctions. It's about acknowledging harm, ensuring truth, providing reparations, and the acknowledgment that the realization, the impact, and trauma on the state of wellness of law enforcement and other justice actors has a direct impact on the ability of reforming institutions so that violations do not repeat. Last year, we turned our attention to systemic racism in the criminal justice system. We documented how racial discrimination permeates judicial processes before, during, and after trial, affecting outcomes in ways that undermine both equality and confidence in the rule of law. In this regard, we identified 12 key elements necessary for a racially unbiased justice system aimed at eliminating discrimination at every stage of the criminal justice process. These include robust accountability mechanisms that use of disaggregated data, Fair sentencing and detention practices and equal access to justice and remedies for victims require the full system cooperation. This year, we expanded our analysis to the enforcement of drug laws and policies, examining how racism embedded in drug control systems and how punitive and militarized approaches disproportionately affect Africans and people of African descent. I'll be presenting this report to the Council later this afternoon. Alongside our thematic work, country engagements remain at the heart of the mandate. Since our creation, we have conducted visits to Sweden, the United States, Brazil, Italy, Belgium, and most recently, Colombia. These visits allow us to engage directly with governments, law enforcement bodies, national institutions, civil society organizations, affected communities, and victims themselves. They produce an opportunity to understand the realities of the ground and to develop recommendations that are both practical and context specific. This year, we're presenting our report on Colombia, which adds to the body of country specific analysis and recommends developed through our work. My colleague, Victor Rodriguez, led the Colombia visit and is here to answer any questions you may have on this mission and beyond at the end of my statement. Country visits are the most important tools available to us. They allow us to identify good practices, understanding challenges, amplify the voices of affected communities, and support efforts towards meaningful reform. Greater cooperation with the mandate strengthens our collective ability to address systemic racism and advance equality. One of the clearest lessons over the past five years is that progress is possible. In every region, we have encountered dedicated public officials, communities, defenders, and institutions working to address racism and discrimination. We have seen examples of improved oversight, stronger accountability mechanisms, community-based approaches to public safety, better data collection practices, and meaningful engagements with affected community. Through our collaboration with the UN mandate, other UN mandate holders and specialized agencies, we also have access to new frameworks, such as substantive legal effectiveness, which assesses whether laws and institutional measures are effective and responsive to the lived experience and realities of affected communities. But we also have shown and seen how fragile this progress can be. There is increasing concerns that the advancement could be undermined. The momentum that once drove the efforts to confront systemic racism appears to be fading, even though racial discrimination against Africans and people of African descent remains pervasive and widespread. This demonstrates that much more remains to be done, to be addressed with lived realities of racism experienced by millions, rebuilding trust in institutions, and making equal protection under the law a reality rather than aspirational. Before I conclude, I want to emphasize one point that lies at the core of our message. mandate. The patterns we continue to document in law enforcement and the criminal justice system did not emerge in a vacuum. They are rooted in history. Throughout our work, we have been reminded that contemporary racial inequalities cannot be fully understood without recognizing the enduring legacies of colonialism and enslavement. These histories help shape ideas institutions, and systems that continue to influence how Africans and people of African descent are perceived and treated today. The consequences are not confined to the past. They continue to manifest in unequal access to justice and racial profiling, in disproportionate use of force, in discriminatory criminal justice outcomes, and in the persistent underprotection of the rights of African and people of African descent. If we are serious about achieving transformative change, we must be willing to address both the symptoms and the root of these problems. Reforming policies and practices is essential, but it is not enough. We must also confront the historical narratives, structures, and legacies that continue to fuel racial discrimination and exclusion. This requires truth telling. It requires acknowledgment, meaningful accountability, acknowledging that the larger criminal justice systems interrelated dependencies, reportorial approaches, and sustained efforts to dismantle systemic racism in all its forms. Over the past five years, EMILY has documented hard truths, but we've also documented solutions. We have seen examples of leadership, innovation, and reform. We have seen governments, institutions, and communities taking meaningful steps towards racial justice and equality. The challenge before us is not whether change is possible. We know that our work is beginning to have an impact. Brazil is a relevant example of countries making systemic efforts to implement the recommendations arising from EMLO's country visit in 2023. Another good impact example is that on May, excuse me, March of 26 of 2026, The Pennsylvania Supreme Court held that mandatory life without parole sentences for second-degree murder, including felony murder, amount to cruel and unusual punishment under the Pennsylvania Constitution, citing Emler's and the Sr. Racism's joint amicus brief presented in 2024, and the UN Human Rights Committee concluding observations in 2023. The Ender citing in this judgment is particularly meaningful as it signals the international human rights law continues to shape constitutional interpretations in local jurisdictions like in the United States. The challenge is whether we have collective will and political will to pursue that change with the urgency that the situations demand. This is therefore not a time to turn our attention elsewhere, but to remain vigilant and renew our commitment to keeping racial justice and equality firmly on the international agenda. We therefore encourage all states to engage fully with EMLR, to extend invitations for country visits, to implement the robust body of expert recommendations contained in our thematic and country reports. Through genuine cooperation, transparency, and accountability, we can move closer to the transformative vision that inspired their creation and this mandate five years ago. Thank you.

Thank you very much. Now we open the floor to questions if we have any from the room or online. Please go ahead. Okay. If you could just identify yourself and the outlet that you work for.

Sorry for that. Yeah, thank you very much for this briefing. Alexandre Grobois, Agence France-Presse. First question, would you publish a report or a statement perhaps following your today's update at the council?

Yes, we will. And we'll also post it on our website. So you can go to Emmler's website and see not just this recording, but the statements and our reports.

The situation for you is particularly concerning.

I will let my colleague, Victor Rodriguez, attend to Colombia. But I would tell you that there is not one specific place that is more concerning than the other. And as I mentioned before, the pervasiveness of what we have in regards to racism and systemic issues is really found in where you find those of African and African descent. I don't want this to be a competition for who is the worst or best, but it is a consistent acknowledgment that this work is really needed and it should continue. Victor, I don't know if you have anything you wanted to add to Columbia.

No, but just to elaborate a little bit on this, you're considering that everywhere, everywhere progress has to be made. Is that what you mean?

That is correct. So everywhere we go, there has to be progress. And not just progress, it needs to be sustained progress. Because oftentimes we'll make that progress, something will happen, and then we'll start to see a retrenchment and we'll start to see a reversal of things that have been done. Thank you.

Mr. Rodriguez, did you have anything to add? I'm not sure if you can hear us.

Yes, yes, thank you. Thank you very much. Thank you. I have to add that the main Colombia situation is the same different. We must say, you know, our. Russia, the simulations again. People. Hispanic. Hispanic. I mean, not necessarily an active. Policy, but also. it would be the implementation of the recommendation or normalization of the practice with impunity in general sense. That's the case of Colombia. The reaction of the government of Colombia in regards to our report is very interesting because they then accused the board more than 20 people answering our questions and recommendations, we must thank the government, the government of Colombia, for this answer. But our worry is most of the answer of the government, not only Colombia, but also the other countries, is sometimes it's the formal answer explaining the There is in the Constitution, on the specific law, criminalization or program to combat discrimination against Afro-descendant people. But in the practice, we need much more formal act, the formal policies or formal proceeding or training. We assume that the responsibility, the general responsibility to avoid discrimination has to do with the culture, with respect the dignity of people, with the color of skin, more than legislation. Legislation is important, but it's not enough. If I have to say something in regards to Colombia, it's the wrong practices For example, because they have all kinds of laws combating or facing discrimination, but in the practice, there is not enough actions, policy or more formal training. We need impact, real impact in the different kinds of training process, in the application of the law and best practices.

Okay, thank you. Do we have any more questions from the room or online? Okay, if not, that brings us to the end of this press briefing, and thank you very much.