Statement delivered by Mr. Mutuma Ruteere, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance on the occasion of the High Level Thematic Debate to close the International Year for People of African descent, held on 6 December 2011 in New York

Excellencies,
Distinguishes Delegates,
Ladies and Gentlemen,

I come before you today for the first time as Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, a position which I assumed on 1 November 2011. I am deeply honoured and proud to have been appointed to this important mandate at a time when the United Nations is commemorating the Tenth Anniversary of the adoption of the Durban Declaration and Programme of Action and the International Year for People of African Descent.

I will spare no efforts in fulfilling my obligations as Special Rapporteur, giving voice and greater visibility to all the victims of racism, racial discrimination, xenophobia and related intolerance, including people of African descent.

Ladies and Gentlemen,

The commemoration of the International Year for People of African Descent in 2011 has been an important occasion to promote a greater knowledge of, and respect for, their diverse heritage and culture and to raise awareness of the challenges they continue to face due to racism and racial discrimination. In this context my predecessor has participated in a number of activities including the thematic discussions held on people of African descent by the Committee for the Elimination of Racial Discrimination and the Working Group of Experts on People of African Descent. A joint statement focusing on people of African descent was also delivered by the then Special Rapporteur on the occasion of the International Day for the Elimination of Racial Discrimination.

Ladies and Gentlemen,

People of African descent have been formally recognized as victims of racism, racial discrimination, xenophobia and related intolerance by the Durban Declaration and Programme of Action and the Outcome Document of the Durban Review Conference. However, despite such recognition, racism and racial discrimination against people of African descent within societies and State institutions is sometimes denied. Moreover people of African descent remain at times "invisible” and ignored at the national level including when they represent the numerical majority. Though the lack of political, legal and institutional recognition may foster deceptions and lead to social exclusion and marginalization of people of African descent. I therefore call upon all States to ensure greater and proper recognition of people of African descent and the challenges they face including the historical injustices they have suffered and the contributions they make to society.

Ladies and Gentlemen,

Recognition is fundamental to achievement of justice for the millions of people of African descent worldwide. Indeed, while over the last several years the issue of people of African descent had found its way on the agenda of a number of States, people of African descent 1 3 continue to be marginalized and discriminated against in the enjoyment of their civil, cultural, economic, political and social rights, especially in the areas of education, employment, health, housing, property, land, access to citizenship, and access to political decision-making. Furthermore, people of African descent are often among the poorest of the poor as a consequence of racism and racial discrimination. Women and girls of African descent are particularly affected as they face multiple forms of discrimination on the basis of their descent and gender. People of African descent further face structural and institutionalized discrimination as a result of the historical injustices and grave human rights violations they suffered, including slavery and the transatlantic slave trade. Important challenges remain with regard to racism and racial discrimination against people of African descent in the administration of justice, including in the criminal justice system where they face inter alia unequal treatment before the law, disproportionate presence in prison populations, and racial profiling by police.

Ladies and Gentlemen,

All the necessary measures should be taken to remove obstacles that prevent the enjoyment by people of African descent of their civil, cultural, economic, political and social rights. In this regard I recommend the adoption and implementation of national strategies and action plans, which would address the situation of people of African descent including the structural discrimination they face. The appropriate mechanisms and institutions to promote respect for the equal human rights of people of African descent should also be established or strengthened where they already exist. It is also crucial to build monitoring mechanisms at the national level. In this respect I encourage States to set up appropriate national monitoring and evaluation mechanisms regarding racism, racial discrimination, xenophobia and related intolerance against people of African descent. People of African descent must also be guaranteed a full access to effective legal remedies, including the right to seek just and adequate reparation. Prompt, thorough and impartial investigation of racist crimes against them should be undertaken and those responsible adequately sanctioned.

Ladies and Gentlemen,

Racial discrimination against people of African descent remains a major obstacle to achieving development. Though respect for human rights, equality and non-discrimination are central in the achievement of the Millennium Development Goals for people of African descent. I encourage States to develop and implement specific programmes regarding economic and social development for people of African descent. It is also crucial to enhance their necessary skills to ensure their place as key actors in the advancement and economic development of their countries. In this regard States should take further measures for their effective empowerment, including through a larger access to quality and higher education; an effective participation at all levels in the decision-making process; as well as training programmes aimed at improving their political, policy-making and public administration skills.

Ladies and Gentlemen,

States should develop a comprehensive approach when designing measures to address the negative impact of racism and racial discrimination on the enjoyment of the human rights and freedoms of people of African descent. In this regard I recommend the development and enforcement of effective anti-discrimination laws. These legislative measures should be complemented by others policy initiatives, including affirmative action to redress historical injustices and ensure equality to people of African descent in the exercise of their human rights. The collection of disaggregated data and statistics to assess the impact of racial discrimination against people of African descent and design targeted policies and measures that will remedy inequalities is also recommended. Such data collection should be done in conformity with international human rights standards, including the principles of privacy and self-identification and the meaningful involvement of people of African descent. Appropriate human rights training for law enforcement officers and members of the judiciary should also be provided.

Ladies and Gentlemen,

Education is a key to changing racist, xenophobic and intolerant attitudes and to building a society based on tolerance, respect for cultural diversity and non-discrimination. I therefore strongly urge States to invest in education and I emphasize in particular the importance of history classes in teaching the history of people of African descent, their culture and positive contributions, as well as the grave human rights violations they have suffered. Awarenessraising measures to foster mutual understanding should also be taken. I also encourage States to duly cooperate with the international human rights mechanisms to which centrality in designing strategies and mechanisms to address justice, development and recognition for people of African descent is fundamental. Close cooperation with civil society and national human rights institutions is also recommended.

Ladies and Gentlemen,

Following the International Year for People of African Descent, States should continue and increase their efforts towards ending racism, racial discrimination, xenophobia and intolerance against people of African descent, and all the victims of racism worldwide. In this regard I would like to emphasize the need to adopt a victim oriented approach to ensure that actions undertaken truly respond to the concrete needs of those experiencing racism and discrimination. All victims of racism and racial discrimination should receive the same attention and protection. In this regard the Durban Declaration and Programme of Action and the Outcome document of the Durban Review Conference remain the most comprehensive international framework to fight against racism, racial discrimination, xenophobia and related intolerance. I therefore call upon all States to effectively implement the commitments concerning racism, racial discrimination, xenophobia and related intolerance contained in the Durban documents and to continuingly bring their support to the Durban process.

I thank you for your attention.

Statement available at http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=10868&LangID=E