COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION REVIEWS REPORTS OF SWEDEN

The Committee on the Elimination of Racial Discrimination has reviewed the fifteenth and sixteenth periodic reports of Sweden on how that country is giving effect to the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.

Introducing the reports, Carl-Henrik Ehrenkrona, Ambassador and Director-General for Legal Affairs of the Ministry of Foreign Affairs, said his Government was fully committed to upholding and respecting the obligations under the human rights instruments to which Sweden was a party. The values and norms contained in the human rights instruments were the foundation on which the Swedish society was built. To promote and protect human rights was one of the Government’s most important tasks.

Mr. Ehrenkrona said that discrimination in all its forms represented a violation of the principle of the equal value and protection of all human beings. The prevention of discrimination was increasingly seen as a key factor in the work to promote equal rights and opportunities and thereby enhance the integration of immigrants and refugees in the country.

Committee Experts, including Linos Alexander Sicilianos, the Committee’s country rapporteur for the reports of Sweden, raised a series of questions, among other things, on the rights of the Sami minority and the Roma community; the situation of Muslims after the 11 September events; the lack of explicit legal provisions banning racist organizations; and the denial of appeal to foreigners subjected to expulsion for being a security threat.

The Swedish delegation also included Bjarme Ornstedt, Senior Deputy Director, Ministry of Agriculture; Anna Envall, Desk Officer, and Camilla Abrahamsson, Desk Officer, Ministry of Justice; Elisabeth Eklund, Deputy Director, Ministry for Foreign Affairs; and Ulrika Sundberg, Minister, Permanent Mission of Sweden to the United Nations Office at Geneva.

The Committee’s observations and recommendations on Sweden will be issued towards the end of the session, which concludes on 12 March. In his preliminary remarks, Mr. Sicilianos, the country rapporteur, said that some of the discords raised during the discussion had been clarified by the delegation. The delegation had also clarified a number of sensitive questions with regard to the Sami minority. The issues of national minorities, islamophobia, and segregation in housing had also been dealt with.

As one of the 169 States parties to the International Convention, Sweden must present periodic reports to the Committee on its efforts to eradicate racial discrimination.

When the Committee reconvenes at 3 p.m., it is scheduled to take up the fifth to fourteenth periodic reports of the Bahamas (CERD/C/428/Add.1)

Reports of Sweden

The fifteenth and sixteenth periodic reports of Sweden (CERD/C/452/Add.4) provide an overview of the efforts of the State party in implementing the provisions of the Convention on an article-by-article basis. A series of new laws have been adopted to effectively deal with racial discrimination. Sweden is today a country of immigration; and the composition of the population has undergone substantial changes in the course of only a few decades. More than 1 million of Sweden’s almost 9 million inhabitants were born in anther country. In addition, more than 800,000 inhabitants were born in the country and had at least one parent born abroad. More than one in five Swedish citizens therefore have a “foreign background”.

The reports note that the police and the security service cooperate on issues concerning racism, xenophobia, anti-Semitism, homophobic threats and discrimination. Since 1993, the security service has compiled statistical data at the national level on reported crimes with racist and xenophobic motives. In 2001, the police received reports of 2,670 xenophobic offences, including assault, threat, slander, graffiti and discrimination. There was a decrease of cases in the following year.

Further, the reports indicate that the Government commissioned the Swedish Integration Board to monitor the situation of Muslims in Sweden after the events of 11 September 2001. According to a report published by the Board in June 2003, the majority of Muslims in Sweden described their situation a year after these events as very problematic and difficult. Many Muslims felt they were being discriminated against. They also felt that the picture of Islam and Muslims in the media had become increasingly negative.

Introduction of Reports

CARL-HENDRIK EHRENKRONA, Ambassador and Director-General for Legal Affairs, Ministry of Foreign Affairs of Sweden, said that his Government was fully committed to upholding and respecting the obligations under the human rights instruments to which Sweden was a party. The values and norms contained in the human rights instruments were the foundation on which the Swedish society was built. To promote and protect human rights was one of the Government’s most important tasks.

Sweden, like many other countries, had its problems and weaknesses, Mr. Ehrenkrona said. The Government was quite convinced that there were areas where the human rights situation could be improved. Discrimination in all its forms represented a violation of the principle of the equal value and protection of all human beings. The prevention of discrimination was increasingly seen as a key factor in the work to promote equal rights and opportunities and thereby enhance the integration of immigrants and refugees in the country. Combating discrimination, therefore, was a priority for the Government.

Mr. Ehrenkrona said that his Government’s long-term commitment to promote democratic values and to combat all kinds of discrimination was also manifested in an important action plan which was adopted in February 2001 – the National Action Plan against Racism, Xenophobia, Homophobia and Discrimination. The plan was aimed at making the struggle more systematic, structured and effective.

The protection against ethnic discrimination had recently been strengthened through new legislation designed to counteract discrimination on various grounds, including ethnic origin, he said. With the new law, the scope of protection had been widened to include areas of society other than the labour market and universities. The Swedish legislation against discrimination aimed mainly at the protection of individuals who were subjected to discrimination in concrete situations. The Government had appointed a commission to compile and analyse information on structural discrimination on grounds of ethnic origin or religion.

State funding for the “Exist project”, which was part of the work at the local level to tackle racist and xenophobic tendencies, had been substantially increased, Mr. Ehrenkrona said. A centre against racism and related intolerance had now been set up with the involvement of 100 non-governmental organizations.

Mr. Ehrenkrona further said that promoting the integration of immigrants and refugees continued to be one of the most important tasks for the Government and high priority was given to its work in that field. Activities aimed at providing equal rights and opportunities to all people, regardless of their background, were carried out in many areas and on many levels. There were indications of an overall positive outcome.

Swedish policies for national minorities had been in force only since 2000, he continued. An act had been adopted on the right to use Finnish and Meankieli in dealing with public authorities in certain areas. The results of the two-year project carried out by the Ombudsman against Ethnic Discrimination in order to prevent and combat discrimination against the Roma would be presented to the Government next month. In 2000, Sweden had recognized the Sami languages as minority languages.

With regard to the issue of declaring the illegality of organizations which promoted or incited racial discrimination, a number of legal provisions had been put in place by the State, Mr. Ehrenkrona said. Although Swedish law did not include an explicit prohibition against racist organizations, the effect on the individual of those criminal provisions was the same in practice as of a prohibition of the organizations to which he or she belonged.

In conclusion, Mr. Ehrenkrona said that there had lately been reports of increasing expression of anti-Semitism. Although no reports about increasing anti-Semitism in Sweden had been scientifically verified, preliminary reports from the Police did show an increase in the number of anti-Semitic crimes. The Government was extremely concerned about those reports. Both anti-Semitism and Islamophobia were expressions of a denial of fundamental values such as the equal rights and protection of all human beings and their right to be treated equally regardless of ethnic, cultural or religious background. Measures were taken in many areas to counteract anti-Semitism and Islamophobia.


Discussion

LINOS ALEXANDER SICILIANOS, the Committee Expert who served as country rapporteur on the reports of Sweden, expressed his appreciation that Sweden regularly submitted its periodic reports to the Committee and to other treaty bodies.

Concerning article 2 of the Convention, the report contained positive developments from the point of view of punishing racist expressions. The law on freedom of expression had been amended in 2003 to improve the possibilities to take legal measures against racial agitation. Within the angle of article 4 of the Convention, which prohibited racial propaganda, the fundamental law on freedom of expression was an interesting element. Further information on its application should be provided by the delegation.

Mr. Sicilianos said the Office of the Prosecutor-General and the National Police Board had taken measures in 2001 and 2002 with the view to combating incitement to racial hatred. The measures were important because racial discrimination had been of concern as indicated in the Committee’s 2000 concluding observations on the reports of Sweden. Had those measures proven to be effective? Was there any official evaluation of the situation?

The rapporteur said that in 2003, the Government had adopted new legislation designed to counteract discrimination on various grounds, including ethnic origin. The Ombudsman’s competence had also been extended. Also, the Equal Treatment of Students in Higher Education Act had come into force in March 2002. However, the law lacked effectiveness in one-third of Swedish universities. The delegation was asked to comment on this situation.

According to the report, the majority of Muslims in the country had experienced problems after the 11 September 2001 events and they felt that the media had become increasingly negative, Mr. Sicilianos said. The delegation should provide further information on this issue.

The Committee had also expressed concern about the situation of Roma people in Sweden in its conclusions of 2000, he said. The Committee had requested the State party to provide it with further information on Roma education, employment and housing. A council on the issue of Roma had been created in 2002; what work had been achieved by the council for the Roma community?

Other Committee Experts also raised questions. An Expert asked about the achievements gained from the implementation of the anti-racial acts in all fields, including labour and housing. The recognition of the Sami and other minorities such as the Roma was a very welcome step. The use by the Sami of their land resources was also of interest.

On the delimitation of boundaries, both international and internal, another Expert asked if the Sami people had participated in the process. He said that Sweden had a good record of human rights that should be upheld.

Speaking on the same issue, another Expert said that a boundary commission had been appointed in January 2002 to make proposals for the determination of the boundaries for Sami reindeer breeding rights, giving priority to the extent of the area to be used for winter pasture. Did the people of Sweden fully understand the situation of Sami people, who were a segment of the population?

Another Expert raised the issue of racial and racial-related motives in housing and segregation. He said that hate crimes had increased in recent years and asked the delegation about the empirical experience the State had learned with regard to racial discrimination and hate speeches. What measures were taken by the Government to increase investigation and ultimately bring the perpetrators before the courts? The inclusion of members of the minority and vulnerable groups within the law enforcement apparatus would be an important element.

An Expert said that the new anti-terrorism act stipulated that non-Swedes involved in acts of terrorism did not have the right to appeal expulsion decisions. Did the Government still maintain its law and its expulsion procedures?

Another Expert asked for further information on the growing negative attitudes towards the Muslim community. Had a dialogue been established among the various components of the society on the issue?

An Expert said that Sweden was known for its human rights record and its contributions to the elaboration and ratification of a number of international human rights instruments. Alluding to the issue raised by the previous speaker concerning anti-Islam and anti-Arab sentiments, the Expert asked for a copy of a report made by the Government on the issue. He also asked for official figures concerning the Muslim and Arab community and if they enjoyed a minority status in the country, given their estimated large number.

Another Expert underlined that there was an urgent need to ban neo-Nazi organizations. The Government should continue its fight against the activities of anti-racist and neo-Nazi organizations.

An Expert said that the Swedish authorities tolerated the white-power expression and activities. Some daily newspapers accepted advertisements put by the white-power movement.

Another Expert was of the view that Sweden not only lived up to its obligations in the protection and promotion of human rights but also in building a high standard of living conditions for its people.

Responding, the delegation said that since the Swedish policy on statistics was not to split the society according to race, such data was not available. The Government believed that the rights of all individuals in the territory should be respected without any distinction to racial background.

With regard to Muslims, the Government did not know how many Muslims were residing in the country because it did not register people according to their ethnic or religious backgrounds. The only known figure was that 300 children were born in Sweden from Muslim families. The Government had taken measures to combat Islamophobia within the society through various means. It had also set up an institute in Alexandria to carry out studies on Islam and to generate understanding of Muslim beliefs.

Concerning the status and conditions of national minorities in general, the delegation said that the criteria of an outspoken sense of belongingness and the desire to keep one’s own identity should be fulfilled to recognize a group as a minority. The historical background should also be taken into consideration among the series of criteria.

On the issue of segregation on housing, the delegation said that the Government was trying to break down any such situation in the society. Agreements had been reached between the Government and the municipalities containing goals and guidelines on housing. The Government had also taken further measures to rehabilitate distressed areas. Mortgage credits for housing were also made available.

The delegation said that education was compulsory in the country and teaching was carried out in the interest of the child. The national education institution had developed a teaching language for the Roma. The right to education of the child was strictly respected not only for the Roma but to all people in Sweden.

Refusing to admit any person to public places, such as restaurants, was punishable by law, the delegation said. A new legal measure had been introduced to strengthen the combat against such practices. Further instructions had been given to the officials granting licences for the restaurant sector to prevent discrimination.

On the effectiveness of investigations of racist crimes, the delegation said there were legal opportunities to allow the police to intervene effectively in preventing and dealing with racist, xenophobic and other intolerances. The legal gap in dealing with racist crimes had been narrowed by subsequent laws, which allowed the police to fully investigate such crimes. Police were also collecting information concerning organizations which were suspected of carrying out racist propaganda. The police performance had also been strengthened through training on human rights and prevention of racist crimes. The Government had been encouraging people of different ethnic backgrounds to apply for recruitment in the police force.

The Swedish law on foreigners allowed for the expulsion of a foreigner who might be a threat to national security, the delegation said. The fact that the individual being expelled could not lodge an appeal had been criticized. However, the decision did not violate any international law. The issue would be dealt with during the next periodic report of Sweden.

The Government had prohibited the practice of female genital mutilation and had made it a criminal offence punishable under a new law, the delegation said. The offence might lead to different terms of prison sentences depending on the gravity of the situation. Extraterritorial offences of the law by persons living in Sweden were also subjected to prosecution.

Support for the Sami had been increased through the granting of extended areas for herding their reindeer, the delegation said. Big forestry owners were encouraged to take into consideration the Sami reindeer herding activities.

Asked why Sweden had not yet ratified International Labour Organization (ILO) Convention 169, the delegation said that the issue was complex. There was an ongoing dialogue within the Swedish parliament concerning the ratification process. It was the ambition of the Government to ratify the Convention as soon as possible. The terms of reference of the Boundary Commission included the identification of the lands traditionally occupied by the Sami in relation to article 14 of the ILO Convention. There was no specific timetable for the ratification of the Convention.

The delegation said that since the land within the reindeer herding area was being used for different purposes, on the one hand by the Sami for herding, hunting and fishing and on the other hand by land owners for farming, forestry, hunting and fishing, that implied that two competing rights, equally protected by the Constitution, had been created. That could bring about conflicts and disputes regarding the use of the land in the reindeer herding area. In order to further clarify the reindeer herding right in relation to the right of ownership, the Government had appointed several committees and commissions to deal with the problem.

Responding to a question on the lack of explicit legal provisions banning organizations which were based on ideas or theories of superiority of one race, the delegation said that there were provisions that restricted such organizations; however, the Swedish traditional law did not punish thoughts or intentions but only the criminal acts committed by individuals, whether they belonged to organizations or not.

Preliminary Remarks

LINOS ALEXANDER SICILIANOS, the Committee Expert serving as country rapporteur to the reports of Sweden, said that almost all the Experts had expressed their views on the reports under the five main chapters. Some of the discords raised during the discussion had been clarified by the delegation. The delegation had also clarified a number of sensitive questions with regard to the Sami minority. The role of the police combating racial discrimination had also been highlighted. The issues of national minorities, islamophobia, and segregation in housing had also been dealt with. All those issues would be reflected in the Committee’s final conclusions.