Human Rights Council
MIDDAY

2 March 2011

The Human Rights Council at a midday meeting today held a panel discussion on the full enjoyment of the human rights of people of African descent to mark the International Year for People of African Descent.

Navi Pillay, United Nations High Commissioner for Human Rights, opening the panel discussion, said people of African descent had suffered from the abhorrent practice of the slave trade. Many years after the end of the transatlantic slave trade, people of African descent still endured its pernicious legacy. Racist views created and perpetuated during the slave trade era continued in the minds of the bigoted in the form of ignorant stereotypes and baseless prejudices. People of African descent often suffered from unequal treatment before the law. The participation of people of African descent in political, economic, social and cultural aspects of society and in the advancement of economic developments of their countries was of fundamental importance. Too often this participation was curtailed by discriminatory practices or lack of affirmative action initiatives.

The panellists were Luis Almagro, Minister of External Relations of Uruguay, Mirjana Najcevska, Chairperson of the Working Group of Experts on People of African Descent; Pastor Murillo, Member of the Committee on the Elimination of Racial Discrimination; Epsy Cambell, Pressident of the Centre for Afro-Costa Rican Women, San Jose, Costa Rica; and Florence Simbiri Jaoko, Chairperson of the Kenyan National Commission of Human Rights.

Mr. Almagro said people of African descent suffered from unemployment and discrimination and a solution to those problems must be found. New forms of racism had emerged. They were not as visible and were part of customs, which was very damaging. The type of discrimination that had taken root was exacerbated by levels of poverty passed from one generation to another. The International Year of People of African Descent would hopefully demonstrate how societies at the global level were not free from different forms of racism, racial discrimination, xenophobia and related intolerance.

Ms. Najcevska said the problem of racism was connected with the privilege and power of one race over another or others, thus creating a hierarchy of races in societies. The second important factor was the spread of structural discrimination related to people of African descent. Structural discrimination primarily related to the ways in which common behaviour and legislation produced different effects for different population groups. As inequitable institutions were very resistant to change, proactive instead of reactive measures should be considered in search of appropriate response to the problem.

Mr. Murillo said that terms used to denote the people of African descent, such as mulatos, morenos, negros, and others, were regarded by the people of African descent as created in the context of racism. Over the last several years the issue of people of African descent had become more visible and had found its way on the agenda of many States and international organizations. The roots of the structural problems were in the cruel and inhumane practices of slavery, which considered that the black had no soul.

Ms. Campbell said that the Durban Conference had made possible the reality of structural exclusion experienced by millions of people of African descent becoming a theme of public debate in which the commitment of States was necessary and fundamental. People of African descent had become more visible and there was greater recognition of their reality. Racism continued to generate exclusion. Much also remained to be done in terms of censuses and official information.

Ms. Simbiri Jaoko said migrants of African origin faced many challenges in countries of destination in accessing facilities in western countries. Those countries were not hesitant to participate in brain drain from African countries and this had led in Africa investing heavily in developing the man power and losing it to rich western countries. This phenomenon must also be seen as a result of the lack of regard and respect for human rights of its citizens. In terms of looking at the challenges outside of Africa, there was exploitation of cheap labour from people of African descent. It should be noted that discrimination and unequal treatment of people of African descent did not happen only outside, but also inside Africa.

In the ensuing interactive discussion, speakers referred to the World Conference on Racism as a cornerstone in the struggle for equal rights for all human beings. It was regretted that, ten years later, the progress achieved did not match the expectations of the international community in spite of the numerous efforts made to increase the racial and social inclusion of people of African descent through various measures, including bilateral, regional and international cooperation. In spite of the deep commitment to fight all forms of racial discrimination, people of African descent continued to be disproportionately affected by poverty and exclusion, notably those who had migrated to western communities in recent times and were now politically isolated, economically marginalized and psychologically afflicted. The International Year of People of African Descent was therefore not only an occasion for celebration, but also for remembrance and improvement. The importance of action could not be over-emphasised, as well as genuine demonstration of political will at the highest level. It was clear that the increased awareness of the situation of people of African descent was not enough and that structural racism must be dealt with, as it was main obstacle to progress and development.

Taking the floor to ask questions or make comments were Nigeria on behalf of the African Group, Brazil, Cuba, European Union, Colombia, Djibouti, United States, Pakistan on behalf of the Organization of the Islamic Conference, Peru, Panama, Chile, Haiti, Morocco, Honduras, Algeria, Portugal, Mexico, South Africa, Costa Rica, Congo, Spain, China and Mauritania.

The following national human rights institution also took the floor: Network of African National Human Rights Institutions. The following non-governmental organizations also took the floor: North-South XXI and the African Commission of Health and Human Rights Promoters.

The Council today is holding three back-to-back meetings from 9:30 a.m. to 6 p.m. During its afternoon meeting, the Council will start its general segment when delegations which were not represented by a dignitary at the high-level segment could take the floor.

Opening Statements

RODOLFO REYES RODRIGUEZ, Vice-President of the Human Rights Council, in his opening remarks said that this panel was taking place in the context of the International Year of People of African Descent. This panel would be an opportunity for the Council to examine obstacles to the enjoyment of economic, social, cultural, civil and political rights of people of African descent.

NAVI PILLAY, United Nations High Commissioner for Human Rights, congratulated the Human Rights Council for this initiative, particularly the Government of Nigeria that sponsored the resolution convening this panel. People of African descent had suffered from the abhorrent practice of the slave trade. The Durban Declaration acknowledged that slavery and the slave trade were crimes against humanity and should always have been so, especially the transatlantic slave trade. Many years after the end of the transatlantic slave trade, people of African descent still endured its pernicious legacy. Racist views created and perpetuated during the slave trade era continued in the minds of the bigoted in the form of ignorant stereotypes and baseless prejudices. People of African descent often suffered from unequal treatment before the law. They had, for example, been subjected to incarceration and lethal violence by the police at disproportionate rates compared to other groups in many societies. They were over-represented among prison inmates in many countries. Conversely, they were often under-represented among judges, lawyers and other actors in the justice system. The participation of people of African descent in political, economic, social and cultural aspects of society and in the advancement of economic developments of their countries was of fundamental importance. Too often this participation was curtailed by discriminatory practices or lack of affirmative action initiatives.

Ms. Pillay said that to redress the situation of disadvantage of people of African descent, there was a need to collect disaggregated data, which was essential to paint an accurate picture of the gaps that needed to be filled. While the International Year was most certainly an opportunity to discuss the many challenges that people of African descent continued to face due to racism and racial discrimination, it was also an opportunity to showcase and celebrate the myriad contributions that people of African descent had made in all areas of human endeavour. In the arts and sciences, law and politics, they had shaped the destiny and advancement of nations, and had fostered progress. In preparation for the International Year, Ms. Pillay said her Office had provided a Framework for Action to combat discrimination against people of African descent, mapping the existing activities that the Office pursued to support people of African descent, as well as the activities that would be carried out to mark the International Year. It also proposed a coordinated agenda to combat discrimination against this population group beyond 2011. The framework sought to bring together what might otherwise be viewed as disparate activities into a cohesive and coherent, yet flexible, programme designed to produce concrete results.

The first of these activities had been providing support for this panel discussion. On 7 March, the Office would organize and service the seventy-eighth session of the Committee on the Elimination of Racial Discrimination, which would include a thematic discussion on the situation of people of African descent. A number of initiatives would follow throughout the International Year, including making people of African descent the theme of this year’s commemoration of the International Day for the Elimination of Racial Discrimination, the holding of relevant side events during the Human Rights Council sessions, and the creation of a fellowship programme for young people of African descent. Ms. Pillay hoped that the different activities carried out in Geneva and around the world during the International Year would generate profound discussions of the challenges facing people of African descent and produce creative proposals for solutions. Being one of the first of the International Year’s activities, this panel, with the expertise of its participants, would get the International Year off to an auspicious beginning.

Statements by Panellists

LUIS ALMAGRO, Minister of External Relations of Uruguay, said that the exchange of experiences during this panel would enrich the ability to achieve more positive results in this field. Unfortunately, societies had significant difficulties in calling themselves “integrated”. People of African descent suffered from unemployment and discrimination and a solution for those problems must be found. New forms of racism had emerged, not as visible; they were part of customs which was very damaging. The type of discrimination that had taken root was exacerbated by levels of poverty passed from one generation to another. In Uruguay the domination of the white population of European origin and the fact that indigenous peoples had been wiped out had meant that people of African descent were numerically a less significant part of Uruguay society. It had only been in the last decades and with the advances in the social sciences that the situation of those populations had started to improve. Still, the statistical data contained in the household survey, which since 2006 included an ethnic-racial variable, demonstrated that their situation had barely changed. Advancement had been seen in the State’s policies and institutions, where provisions specifically developed for the Afro population had been included, such as the national plan for equality, the national housing plan, and education and primary health systems. A line of action had been established to reduce the number of unskilled workers of African descent, particularly women, by for example improving education levels and reducing drop-out rates.

The inclusion of the ethno-racial elements in national statistics since 2005 was the result of a long-standing combat. As of now, almost 10 per cent of the population identified themselves as of African descent. Uruguay was involved in the national plan against racial discrimination which was a daily task. There was a need for a budget dedicated to this combat, and the reality had to have a solution, house-by-house, and home-by-home, seeking concrete solutions to end isolation, marginalisation and non-decent work. Until definitive solutions were found, a victory could not be declared, said Uruguay. The International Year of People of African Descent would hopefully demonstrate how societies at a global level were not free from different forms of racism, racial discrimination, xenophobia and related intolerance.

MIRJANA NAJCEVSKA, Chairperson of the Working Group of Experts on People of African Descent, said the first crucial element associated with the enjoyment of human rights of the people of African descent was race. The problem of racism was connected with privilege and power of one race over another or others, thus creating a hierarchy of races in societies. The second important factor was the spread of structural discrimination related to people of African descent. Structural discrimination primarily related to the ways in which common behaviour and legislation produced different effects for different population groups. So far, very little had been done to search for pathways through political, economic and policy processes to address inequality traps that led to dysfunctions in development related to people of African descent. As inequitable institutions were very resistant to change, proactive instead of reactive measures should be considered in search of an appropriate response to the problem.

Ms. Najcevska therefore wished to open discussion on two topics. The first was related to a proposal submitted during the last meeting of the Working Group on People of African Descent for introducing the word “Afrophobia”. At first glance, this word seemed too strong, but given the substantial data related on the situation of people of African descent worldwide, Ms. Najcevska was more and more in favour of opening such a discussion. The second topic was related to the idea of positive or affirmative action. Ms. Najcevska was a proponent of positive action in coping with inequality traps by which people of African descent were captured. She believed that systematic positive action, based on recognition of active discrimination against people of African descent and the unique roots of this discrimination, was necessary. Positive action and affirmative measures could open the possibility to talk about the past and present race hierarchy and might help to challenge the existing balance of power based on race.

PASTOR ELIAS MURILLO MARTINEZ, Member of the Committee on the Elimination of Racial Discrimination, said that terms used to denote the people of African descent, such as mulatos, morenos, negros, and others, were regarded by the people of African descent as created in the context of racism. Over the last several years the issue of people of African descent had become more visible and had found its way on the agenda of many States and international organizations. The recognition of the collective rights had risen from the International Labour Organization Convention on the right of indigenous peoples and the social movement of people of African descent, especially in Latin America. The Obama effect recognised the need for increased participation in power of those populations. The roots of the structural problems were in cruel and inhumane practices of slavery, which considered that the black had no soul. Of the over 60 million kidnapped Africans, about 24 million had gone to the Americas, where over 200 million of people of African descent lived today.

An eloquent indicator of their status was the prison population and the disproportionate representation of people of African descent in this population. There were invisible barriers, creating difficulties in access to education, access to markets, very few legislative and administrative measures, limited statistics, and limited access to various programmes. The International Year offered an opportunity for a deeper dialogue, especially in the Americas, on the situation of people of African descent, as would be held at the next General Assembly, where the linkages between people of African descent and the Millennium Development Goals would be discussed. The decision to declare the International Year had been born in the Committee on the Elimination of Racial Discrimination, on the initiative of several countries and with the endorsement of the European Union.

EPSY CAMPBELL BARR, President, Centre for Afro-Costa Rican Women, San Jose, Costa Rica, said that Durban had made possible the reality of structural exclusion experienced by millions of people of African descent becoming a theme of public debate in which the commitment of States was necessary and fundamental. People of African descent had become more visible and there was greater recognition of their reality. Data showed that there were numerous millions of people of African descent in the Caribbean and American regions, but racism continued to generate exclusion. This was demonstrated, for example, by the fact that in 2008, of the more than 640 women who held seats in Latin American congress, less than 10 were women of African descent, and these paradoxically represented 80 million people. Women of African origin also struggled to ensure that their most basic rights were guaranteed, and these were subjects that were not even debated. Furthermore, for millions of women of African descent the only alternative to getting into the labour market was domestic work, which was the least recognised, and unacceptable wage gaps could still be explained by structural racism.

Ms. Campbell said that in some countries, maternal mortality was still much higher among young women of African origin than among other women. Much also remained to be done in terms of censuses and official information. While countries such as Brazil were making progress, others, such as Panama, had hardly begun working on this. In Costa Rica, the process of putting in self-identification in the 2011 census had been a long one and one that needed to be strengthened. Moving forward in combating the exclusion of millions of persons of African descent, this year should allow creating a permanent United Nations forum on people of African descent and establishing an implementation strategy with financial resources for the Durban commitments on people of African descent for the next 10 years. This year should also see the development of a report on how the Millennium Development Goals were achieved with regards to people of African descent.

FLORENCE SIMBIRI JAOKO, Chairperson of the Kenyan National Commission of Human Rights, said that the role of the slave trade and colonisation in Africa, both by the West and also by the Middle East, characterised the manner in which the people of African descent were viewed. In this regard the redress must be within the framework of principles on equality and non-discrimination, with particular attention to those most vulnerable. Many challenges still faced people of African descent, in terms of recognising the contribution made to the development of other nations now considered civilised and at the forefront of economic advancement. This had led to a feeling of superiority among those nations, whose policies and practices had often reinforced the feeling of inferiority among people of African descent.

Migrants of African origin faced many challenges in countries of destination in accessing facilities in western countries. Those countries were not hesitant to participate in brain drain from African countries and this had led in Africa investing heavily in developing the man power and losing it to rich western countries. This phenomenon must also be seen as a result of the lack of regard and respect for human rights of its citizens. In terms of looking at the challenges outside of Africa, there was exploitation of cheap labour from people of African descent and reports of African people being lured by supposedly lucrative positions in other countries to only end up with their passports being taken away and people living and working in hard conditions. It should be noted that discrimination and unequal treatment of people of African descent did not happen only outside, but also inside Africa. The National Commission had established a Working Group which worked on updating the Constitution with progressive measures against discrimination, for example in the treatment of gays and lesbians. It was important for Africa to have positive role models to inspire the youth to take leadership, not only at national but also at international levels, such as Nelson Mandela, or Barack Obama who was of Kenyan origins.

Questions and Comments

During the ensuing interactive discussion, speakers referred to the World Conference on Racism as a cornerstone in the struggle for equal rights for all human beings. It was regretted that, ten years later, the progress achieved did not match the expectations of the international community in spite of the numerous efforts made to increase the racial and social inclusion of people of African descent through various measures, including bilateral, regional and international cooperation. In spite of the deep commitment to fight all forms of racial discrimination, people of African descent continued to be disproportionately affected by poverty and exclusion, notably those who had migrated to western communities in recent times and were now politically isolated, economically marginalized and psychologically afflicted. The International Year of People of African Descent was therefore not only an occasion for celebration, but also for remembrance and improvement. Tribute should be paid to the legacy of those millions of brave women and men who had been forced to leave the African continent and measures should be stepped up to help people of African descent to enjoy their economic, social and cultural rights. A speaker underscored that the importance of action could not be over-emphasised, urging for genuine demonstration of political will at the highest level. Also, national human rights institutions had a key role to play in advocacy efforts and could influence Governments regarding specific actions, including the ratification and application of relevant international human rights instruments. It was also imperative that States encouraged self-identification by people of African descent as a precondition to adequately addressing discrimination against them in all areas. Several delegations commended the Working Group on People of African Descent for its efforts and took note of its recommendations, particularly those on the collection and analysis of disaggregated data which was essential for policy-making. A speaker nonetheless noted that the Working Group was yet to fulfil its mandate and others recommended that all States support the participation of civil society in the Working Group sessions. Several delegations also agreed with the Special Rapporteur on contemporary forms of racism that racial discrimination was universal and that a global approach should be adopted by all stakeholders to combat against it without establishing a hierarchy of victims. Speakers also commended the holding of this panel discussion that certified the suffering and challenges faced by the people of African descent in many parts of the world.

Response from Panellists

MIRJANA NAJCEVSKA, Chairperson of the Working Group of Experts on People of African Descent, said that the first step that should be taken was the recognition of the discrimination of people of African descent and the unique root of this discrimination which was prolonged, widespread and flexible in different countries and political systems. Secondly, Ms. Najcevska underlined the importance of the support for pro-active measures against this discrimination affecting people of African descent and the courage to discuss topics such as measures to distribute resources or a large scale social therapy and healing projects, not for people of African descent but for the international community.

PASTOR ELIAS MURILLO MARTINEZ, Member of the Committee on the Elimination of Racial Discrimination, answering questions and comments, said that the political parties that had xenophobic or racist platforms were banned under Article 4 but their existence was a frequent occurrence in Europe. Regarding what should be done to combat racism in the media, some countries had relied on self regulation of the media and self awareness campaigns had been carried out to increase the confidence of marginalized peoples. Good practices for combating discrimination occurred when the problem of racism was recognized. Sometimes discrimination was below the radar and could not be seen. Affirmative action programmes were also important.

EPSY CAMPBELL BARR, President, Centre for Afro-Costa Rican Women, San Jose, Costa Rica, underscored the need for legislative work to ensure that any political organization or party did not promote racism or racial discrimination. There should be zero tolerance on such actions which were illegal for all States that had ratified the Convention on the Elimination of Racial Discrimination. Turning to the issue raised by Peru, Ms. Campbell said that, for example, there had been a lot of racist propaganda in Costa Rica in the 1990s. However, the advertising had been removed by the national advertising regulation office, which was also a specific reporting mechanism. Ombudsmen and human rights defenders also had the possibility to intervene in cases of propagation of racism. On effective measures to combat racism, Ms. Campbell mentioned the example of Uruguay, where the Government had in place a specific section for people of African descent, and Colombia, which had made specific experiences of affirmative actions with universities.

FLORENCE SIMBIRI JAOKO, Chairperson of the Kenyan National Commission on Human Rights, answering the question by the delegation of Cuba, said that the Kenyan Constitution provided that all parties had to be diverse in the representation of ethnic groups and in the use of the media and that Kenya was able to monitor what the media reported. Ms. Simbiri Jaoko said that this system had worked in term of mediating and promoting more responsible media reportage on the issue of ethnicity and in hate speech. Lately, Ms. Simbiri Jaoko said that, as a national institution, the institution was involved in advocacy, creating awareness in discrimination and working together with victims of discrimination and advising agencies on policies and legislative actions that could be taken to eliminate discrimination.

Questions and Comments

In the second part of questions and comments, several speakers said that the tenth anniversary of the Durban Declaration and Programme of Action and the International Year of People of African Descent represented an opportunity to reflect on progress made on the full enjoyment of human rights of people of African descent. It was a matter of concern that people of African descent continued to be relegated to the periphery of societies in conditions of abject poverty, social and economic marginalization and exclusion. They were still victims of discrimination based on the colour of their skin, or on their ethnic origins. It was clear that the increased awareness of the situation of people of African descent was not enough and that structural racism must be dealt with, as it was main obstacle to progress and development. Real action must be taken to ensure equality and enjoyment of rights for people of African descent. In that sense, the importance of strengthening national, regional and international cooperation for the promotion of a greater knowledge of and respect for diverse heritages and cultures could not be overemphasized. This encompassed the need for substantial support for the Working Group on People of African Descent, speakers agreed. It was hoped that the international community would take the opportunity offered by the International Year to step up the efforts for the implementation of the Durban Declaration and Programme of Action and create a culture of rights, equality and respect. In addition, some speakers reiterated the call for the development of a racial equality index by the Office of the High Commissioner for Human Rights. The First World Summit of People of African descent would be held later this year in Honduras, a speaker noted and extended an invitation to attend to all.

Response from Panellists

MIRJANA NAJCEVSKA, Chairperson of the Working Group of Experts on People of African Descent, said that to understand the problem of racism one must start with the recognition of the position of people of African descent and the specific discrimination that had arisen because of their position. The discrimination against people of African descent affected all Africans, not just the African diaspora, because racism had always been connected with privilege and power.

PASTOR ELIAS MURILLO MARTINEZ, Member of the Committee on the Elimination of Racial Discrimination, pointed out that the international community should have Haiti as a symbol of people of African descent and the United Nations could take new measures to make Haiti more visible and this could be good for international cooperation. It might be possible to modify the resolution. When the resolution would go to the General Assembly in New York at the end of this year, the follow up of the Millennium Development Goals would be a topic which all States were committed to. In its aspect vis a vis people of Africa descent the statistics had always hidden the imbalance when it came to these people and this was one of the major challenges faced by countries that had a high number of people with Africa descent.

EPSY CAMPBELL BARR, President of the Centre for Afro-Costa Rican Women, in San Jose, Costa Rica, said that the Durban Declaration and Programme of Action had created minimum institutional structure and now was the time for States to come to some level of commitment towards people of African descent so that over the next 10 years the international community could work on realising their rights. A symbol of freedom and struggle was needed, Ms. Campbell said. The extent of racial inequality should be underlined in order to help countries close the gap and increase inclusion of people of African descent. An International Development Fund for people of African descent was another project which should be focused on. In closing, Ms. Campbell said that a number of national and international initiatives were underway, in which leaders were putting together the agenda to push for inclusion and equalitarian treatment of people of African descent.

FLORENCE SIMBIRI JAOKO, Chairperson of the Kenyan National Commission on Human Rights, said that States should ensure that all the discussions, the conventions ratified, the policies and laws passed, should have meaning on the ground. Performance should be based on how many citizens had been able to enjoy their rights and Member States should strive to narrow the gaps for citizens on a daily bases. The Human Rights Council had begun to work on a database on racial discrimination which should clarify the remedies that would be required and evaluate the achievements of Member States.

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