Working Group of Experts on People of African Descent to the Human Rights Council: the Human Rights Situation of Persons of African Descent Remains an Urgent Concern

MORNING

The Working Group of Experts on People of African Descent this morning told the Human Rights Council that the human rights situation of persons of African Descent remained of urgent concern. The Working Group was outraged at continued incidents of racially motivated violence against people of African descent.

Catherine S. Namakula, Chair of the Working Group, said despite the global attention to the issue, the excessive use of force and killings of people of African descent by law enforcement continued with impunity in many countries. States should take into account the multiple, interconnected and compounding forms of discrimination, which were faced by people of African descent in their interactions with law enforcement and other authorities, resulting from nationality, migration status, gender, colour, age, religion, disability, socio-economic and other status. States should translate their commitments under international human rights law into accountability and redress, and plans of action into tangible improvements in the lived situation of people of African descent.

Ms. Namakula said the Working Group’s annual report focused on the theme of children of African descent, and discussed the human rights situation of children of African descent globally, concluding that the heritage of children of African descent was tainted by racial discrimination and the unresolved legacies of trade and trafficking of enslaved Africans and colonialism, post-colonial apartheid and segregation.

The Chair spoke about the Working Group’s visits to Portugal and Switzerland. Portugal and Switzerland took the floor as countries concerned.

In the ensuing interactive dialogue, many speakers said that fighting structural racism should be a priority, ensuring equality for all persons, regardless of their race, colour, or national origin. Racial discrimination continued to face children of African descent, who faced discrimination at many different levels. Structural racism pervaded many justice systems around the world, and inter-sectional discrimination only made the situation worse. Acknowledging violations and honouring history as well as promoting tolerance was fundamental to ensuring the construction of inclusive and balanced societies. Some speakers said children of African descent continued to be victims of different forms of violence. Children from all racial or ethnic backgrounds must have equal access to education. Some speakers said children of African descent were too often victims of systemic racism by law enforcement officers and the criminal justice system because of racial profiling, without recourse.

The Council also continued the general debate on follow-up to and implementation of the Vienne Declaration and Programme of Action.

Speaking in the general debate, many speakers said the Vienna Declaration and Programme of Action represented the commitment of all Member States of the United Nations to engage with the task of promoting and protecting all human rights. Some speakers said that foreign occupation was a main threat of peoples’ right to self-determination, and that it was difficult to achieve tangible results while facing armed conflicts and wars. Speakers also condemned any forms of gender-based violence, which were incompatible with international law, urging governments to investigate all cases of this nature. Some countries still imposed coercive measures which contradicted the Vienna Declaration, with speakers calling on States to refrain from implementing these sanctions. Some speakers said that the world was witnessing an outbreak of manifestations of racism and xenophobia which underscored the need to strengthen international mechanisms to monitor these evils, and to prevent and combat them. A more equal global economic order and international system was the key to the full realisation of the right to development.

Speaking in the interactive dialogue with the Working Group on People of African Descent were Brazil on behalf of a group of countries, Côte d’Ivoire on behalf of the group of African States, European Union, Sierra Leone, Libya, Ecuador, Costa Rica, United Nations Women, Panama, Cuba, Venezuela, South Africa, Brazil, Russia, Namibia, China, Peru, United States, United Nations Population Fund, Malawi, Holy Sea, Botswana, Tunisia, Luxembourg, and Angola.

Also speaking were International Youth and Student Movement for the United Nations, Friends World Committee for Consultation, Centre for Reproductive Rights, Rencontre Africaine pour la defense des droits de l'homme, Conectas Direitos Humanos, Elizka Relief Foundation, and International Organization for the Elimination of All Forms of Racial Discrimination

Speaking in the general debate on the Vienna Declaration and Programme of Action were Pakistan, Ukraine, Malawi, France, United Kingdom, Mexico, Argentina, Finland, Germany, Japan, Poland, Israel, United Nations Development Programme, Iraq, Bahrain, Russian Federation, Afghanistan, South Africa, Syria, Algeria, Sweden, Georgia, Tunisia, Iran, Tanzania, Republic of Moldova, Australia, Croatia, New Zealand, Bulgaria, Canada, and Ireland.

Also speaking were Global Alliance of National Human Rights Institutions, Elizka Relief Foundation, International Lesbian and Gay Association, Action Canada for Population and Development, World Jewish Congress, Asociacion HazteOir.org, International Humanist and Ethical Union, European Centre for Law and Justice, Institute for NGO Research, Youth Parliament for SDG, Human Is Right, Peace Track Initiative, Khiam Rehabilitation Centre for Victims of Torture, United Nations Association of China, Maloca Internationale, Integrated Youth Empowerment - Common Initiative Group, Human Rights and Democratic Participation Centre, Association pour la défense des droits de l'homme et des revendications démocratiques/culturelles du peuple Azerbaidjanais-Iran, Mother of Hope Cameroon Common Initiative Group, International Union of Socialist Youth, Institut International pour les Droits et le Développement, Global Institute for Water, Environment and Health, The International Organisation for LDCs, International Fellowship of Reconciliation, International Human Rights Association of American Minorities, International Service for Human Rights, and International Youth and Student Movement for the United Nations.

The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-first regular session can be found here.

The Human Rights Council will resume its work at 3 p.m. this afternoon to conclude its general debate on agenda item eight on follow-up to and implementation of the Vienna Declaration and Programme of Action. It will then hold an enhanced interactive dialogue with the High Commissioner and the International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement. This will be followed by the presentation of the reports of the Ad Hoc Committee on the Elaboration of Complementary Standards to the International Convention on the Elimination of All Forms of Racial Discrimination, and time permitting, the general debate on agenda item nine on racism, racial discrimination, xenophobia and related forms of intolerance.

Interactive Dialogue with Working Group of Experts on People of African Descent

Reports

The Council has before it the reports of the Working Group of Experts on People of African Descent addressing children of African descent (A/HRC/51/54), and on their visits to Portugal (A/HRC/51/54/Add.2) and Switzerland (A/HRC/51/54/Add.1).

Presentation of Reports

CATHERINE S. NAMAKULA, Chairperson of the Working Group of Experts on Persons of African Descent, said the human rights situation of persons of African descent remained an urgent concern. The global cry for an end to the systemic racial discrimination faced by men, women and children of African descent in all areas of life was still as heart breaking as ever. The demands for respect, recognition, justice, and development were clear and unequivocal. The Working Group was outraged at continued incidents of racially motivated violence against people of African descent. Despite the global attention to the issue, the excessive use of force and killings of people of African descent by law enforcement continued with impunity in many countries.

Just this year, Ms. Namakula said, there had been several racist and violent acts, including: on 14 May 2022 in Buffalo, New York, United States, an avowed white supremacist shot 13 people in a shop, killing 10 people of African descent and injuring 3 others; on 24 May 2022, at least 26 people were killed in a police raid in Rio de Janeiro, Brazil. Most of the identified victims were young people of African descent; and on 24 June 2022, at least 23 Africans were killed attempting to cross the Spanish-Moroccan border in Melilla.

Ms. Namakula said States should take into account the multiple, interconnected and compounding forms of discrimination which were faced by people of African descent in their interactions with law enforcement and other authorities, resulting from nationality, migration status, gender, colour, age, religion, disability, socio-economic and other status. States should translate their commitments under international human rights law into accountability and redress, and plans of action into tangible improvements in the lived situation of people of African descent. The agenda for reparations had to be propelled with urgency and determination, while avoiding the risk of replicating the vice it was intended to redress.

The annual report provided an overview of the Working Group’s twenty-ninth and thirtieth sessions, including a summary of this year’s thematic debate and recommendations. In May this year, the Working Group’s public session, held for the first time in New York, focused on the theme of children of African descent, and discussed the human rights situation of children of African descent globally, concluding that the heritage of children of African descent was tainted by racial discrimination and the unresolved legacies of trade and trafficking of enslaved Africans and colonialism, post-colonial apartheid and segregation.

During the reporting period, the Working Group visited Portugal and Switzerland.
Concerning Portugal, the Working Group said despite the positive measures taken, the Working Group was concerned about the human rights situation of people of African descent in the country. They experienced systemic racism in similar ways despite varied individual circumstances. The Working Group recommended that Portugal’s commitment to inclusion should be characterised by action that effectively complemented the plan of action.

In Switzerland, the Working Group welcomed the good practices and the ideological commitment by the Federal Government to combat racism and racial discrimination, and in particular its work to support anti-Black racism initiatives by civil society. Despite these positive measures, the Working Group remained concerned about the human rights situation of people of African descent, who experienced significant structural racial discrimination, and anti-Black racism.

The Working Group relied extensively on the important contribution of civil society and Ms. Namakula took the opportunity to celebrate the many achievements and resilience of people of African descent, saying that they continued to lead the fight for racial justice and equality for all.

Statements by Countries Concerned

Portugal, speaking as a country concerned, said the Working Group of Experts on People of African Descent had undertaken a follow-up visit to Portugal from 29 November to 6 December 2021, with the initial visit taking place in 2011. The Working Group met members of government, Parliamentarians of African descent, representatives of the judiciary, police forces and the Ombudsperson, as well as visiting a prison in Lisbon. The report recognised the importance that Portugal attached to combatting all forms of discrimination, including racism, racial discrimination and xenophobia, highlighting good practices, and legislation, as well as instances of racial discrimination faced by persons of African descent in the country. Structural racism in Portugal materialised into instances of discrimination in education; episodes of racial profiling or violence by police forces; and in the fields of housing, employment, law enforcement and the justice system.

Last year, Portugal approved its first National Plan to Combat Racism and Discrimination 2021-2025, the first plan of its kind in the European Union. It was the result of a participatory process which involved the consultation of around 60 institutions and was centred around four principles, broken down into 10 areas of public intervention, with around 80 concrete measures. Portugal adopted a law in 2017 which strengthened the prohibition of discrimination based on race and gave enhanced powers to the Commission for Equality and against Racial Discrimination. A plan was adopted to prevent discriminatory practices by police forces and accountability measures for law enforcement officers, such as the compulsory use of body-worn cameras and video surveillance. An independent observatory on hate speech, racism and xenophobia was also being developed. Portugal had cosponsored the General Assembly’s resolution which proclaimed 31 August as the International Day for People of African Descent.

Switzerland, speaking as a country concerned, said it had taken note of the report and agreed with the observation that racism and racial discrimination were problems that needed to be addressed urgently. The structural dimension needed further research. In this spirit, the Anti-Racism Service would publish a study on structural racism in Switzerland in autumn. Structural racism and structural racial discrimination were already recognised as a problem and were the subject of in-creasing debate among authorities and politicians. Federalism was an opportunity to adapt anti-racist work to the conditions prevailing in the cantons and cities, however, federal structures could be a challenge in terms of coordination and coherence of policies.

Switzerland expressed regret at the limited time available during the Working Group's visit for exchanges with the authorities, which may have led to some misunderstandings. Many general conclusions seemed to be based on only one or a few individual cases, which was not representative of the general situation. The COVID-19 pandemic and the health measures in place at the time of the visit also limited the possibilities for the Working Group to visit the field. Switzerland regretted that some of the factual corrections were not accepted and that the final version of the report did not reach the authorities until late. It was hoped there would be constructive dialogue following the presentation.

Switzerland’s cantonal integration programmes, introduced in 2014 and implemented jointly by the federal and cantonal authorities, contained effective measures to combat discrimination. As a result, each of the 26 Swiss cantons now had a counselling centre for victims of racial discrimination, operating at high quality standards. The network of centres also provided important data that determined where the problems of racial discrimination were most acute and where efforts needed to be stepped up. Courses on diversity management and anti-discrimination issues were also an integral part of police training to ensure that each member of law enforcement acquired the required skills. Civil society organizations also played a central role in the fight against racism. For this reason, the federal and cantonal authorities supported numerous civil society initiatives, including projects explicitly aimed at combatting racism.

Discussion

In the discussion, many speakers said that fighting structural racism should be a priority, ensuring equality for all persons, regardless of their race, colour, or national origin. Racial discrimination continued to face children of African descent, who faced discrimination at many different levels. Structural racism pervaded many justice systems around the world, and inter-sectional discrimination only made the situation worse. There was increasing use of armed and unfettered violence from fascist, neo-fascist and white supremacist groups, including targeting children. The lives of children today suffered due to a past global history of segregation and colonialism, and their present and future could not remain tainted by racism, discrimination, and racial stereotypes. Regional and international cooperation was essential to eliminate all forms of trafficking in children. Acknowledging violations and honouring history as well as promoting tolerance was fundamental to ensuring the construction of inclusive and balanced societies.

Some speakers said children of African descent continued to be victims of different forms of violence. They suffered from socio-economic exclusion and discrimination, including because of their racial or ethnic origin. Racial inequality faced by children continued to be an issue of great concern, and the COVID-19 pandemic had had considerable effects, removing progress. All children had the right to develop their key competences and talents, starting in early childhood and throughout their schooling and vocational training. Access to inclusive, non-segregated, quality education should be guaranteed, amongst others, through non-discriminatory treatment, regardless of racial and ethnic origin. Children from all racial or ethnic backgrounds must have equal access to education. Some speakers said children of African descent were too often victims of systemic racism by law enforcement officers and the criminal justice system because of racial profiling, without recourse. The international community should find ways of intervening to ensure that children of African descent were not put on trial as adults.

Children should be taught early about equality, respect and inclusion, and be empowered to promote such values among their peers and in their communities, many speakers said. Each aspect of the discrimination suffered by children of African descent deserved further study, and attention should be paid to the issue of child removal from their families. Racism and racial discrimination aimed at children of African descent continued unabated, and the international community should make a concerted effort to promote and protect the rights of children of African descent, as they would for children from other races. All States should protect all children, in line with the Convention on the Rights of the Child, and the interests of children of African descent should be recognised in all policies affecting them. There must be greater empowerment and inclusion of children of African descent.

Concluding Remarks

CATHERINE S. NAMAKULA, Chair of the Working Group on People of African Descent, thanked Member States and civil society for their questions and comments. The Working Group assured the Government of Switzerland that it stood by the information in the report as the true findings. The Working Group was grateful for the opportunity to be approached and trusted by many people of African descent in the months leading up to the country visit. The Working Group asked Switzerland to encourage the meaningful participation of people of African descent in research to close the gaps; this would be an opportunity for the Government to equip itself with information it could rely on in regard to people of African descent. Education was an opportunity to negate the impacts of racism among all.

Authentic African history needed to be taught to combat systemic racism, said Ms. Namakula. The Working Group encouraged United Nations Women to continue reporting on racial discrimination and offering deep analysis of its experience; it offered its availability for a technical visit to United Nations Women. Racially segregated data would enhance the understanding and programming of States, revealing how far behind people of African descent lay, and reveal progress made if any.

General Debate on the Vienna Declaration and Programme of Action

The general debate on agenda item eight on the Vienna Declaration and Programme of Action started in the previous meeting and a summary can be found here.

General Debate

Speaking in the general debate, some speakers said the Vienna Declaration and Programme of Action represented the commitment of all Member States of the United Nations to engage with the task of promoting and protecting all human rights. Peace, security, democracy, respect for human rights and fundamental freedoms were the concepts which had been enshrined in the Vienna Declaration and Programme of Action since 1993. The Declaration also noted that lasting progress towards the implementation of the right to development required effective development policies at the national level, as well as equitable economic relations and a favourable economic environment at the international level. It was imperative that all countries reaffirmed their commitment to the Vienna Declaration to respond to the human rights challenges of today.

Some speakers said that foreign occupation was a main threat to peoples’ right to self-determination, and that it was difficult to achieve tangible results while facing armed conflicts and wars. The geopolitical order was challenged by unprovoked conflicts, with speakers stating that the human rights of every person would remain endangered until illegal wars were ended. Some speakers also denounced pseudo-referendums organised by certain States, rejecting their results unequivocally, saying these were a clear violation of international law and were not democratic. The principles of sovereignty and territorial integrity were principles which everyone had a responsibility to uphold, and all people should be able to express their will in a free and democratic society.

A number of speakers condemned all forms of gender-based violence, which were incompatible with international law, urging governments to investigate all cases of this nature. Many women around the world suffered from violence inflicted on them during their childhood and some were forced into early marriage which kept them in domestic violence. The bodily autonomy of women needed to be upheld in accordance with human rights law. Speakers said that some countries still imposed coercive measures which contradicted the Vienna Declaration, calling on States to refrain from implementing these sanctions. Acts of terrorism in all their forms were activities aimed at the destruction of human rights, with some speakers stating that the fight against terrorism and extremism needed to remain a priority among States.

Speakers said that the world was witnessing an outbreak of manifestations of racism and xenophobia which underscored the need to strengthen international mechanisms to monitor these evils, and to prevent and combat them. There needed to be increased coordination to support human rights and fundamental freedoms within the United Nations system, which should be done in cooperation and dialogue with Member States and relevant regional bodies. A more equal global economic order and international system was the key to the full realisation of the right to development. Speakers also underscored the importance of adopting international and national policies based on solidarity, equality, and cooperation.

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2022/10/le-recours-excessif-la-force-et-les-meurtres-de-personnes