HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DIALOGUE WITH WORKING GROUP OF EXPERTS ON PEOPLE OF AFRICAN DESCENT
The Human Rights Council this morning held an interactive dialogue with Verene Shepherd, Chairperson of the Working Group of Experts on People of African Descent.
Verene Shepherd, Chairperson of the Working Group of Experts on People of African Descent, introducing the reports of the Working Group, said that despite the diversity of situations among people of African descent, there were several common issues that must be addressed. These were manifested in their grouping among the poorest of the poor in many countries, often inhabiting the regions with the most precarious infrastructure and being more exposed to crime and violence, low levels of participation and political underrepresentation. The draft programme presented a series of areas of priority under the three pillars of recognition, justice and development. Concerning the visit of the Working Group to Portugal in 2011, Ms. Shepherd said that despite efforts by the Government to promote integration and prevent discrimination, immigrants and ethnic minorities in Portugal were vulnerable to discrimination and inequality.
Portugal, speaking as the concerned country, said that no country in the world could claim it was entirely free from racism, discrimination, xenophobia and related forms of intolerance. Portugal did not have positive discrimination measures targeting people of African descent or any other racial group because it granted the same level of protection to all; however integration policies recognized internationally as best practices had been implemented. Portugal reiterated its firm commitment to fight against racism, racial discrimination, xenophobia and related forms of intolerance.
During the interactive dialogue speakers welcomed the discussions of the Working Group and reiterated their commitment to combat racism and discrimination. Speakers supported the proposed Decade for People of African Descent and the draft programme of action as important steps towards the implementation of existing commitments and the fulfillment of the goals of the Durban Declaration and Programme of Action and the Convention on the Elimination of all Forms of Racial Discrimination. Some delegations questioned the added value of the Decade for People of African Descent, arguing that the collectivization and the creation of a hierarchy of discrimination could undermine the implementation of existing instruments.
Ms. Shepherd, in her concluding remarks, said that there was a general agreement in the Working Group that the International Year of People of African Descent had not achieved its laudable objectives, and that was why it proposed the International Decade for People of African Descent. The Decade would move States along to address discrimination against people of African descent, especially where discord existed between policy and practice. The Decade would not be contrary with the existing international law and instruments but would boost the efforts. There was indeed a hierarchy of discrimination, linked to historical wrongs and, while this was uncomfortable to admit, it was necessary in order to end discrimination as set out in the Durban Declaration and Programme of Action.
Taking the floor in the interactive dialogue were: Senegal on behalf of the African Group, United States, Algeria, Honduras, Morocco, European Union, Venezuela, Ecuador, Cuba, Brazil, China, United Kingdom, Mexico, Peru, South Africa and Uruguay.
Also speaking were the following non-governmental organizations: Commission Africaine des Promoteurs de la Santé et des Droits de l’Homme, North-South XXI and Tiye International.
The Council today is holding a full day of meetings from 9 a.m. to 6 p.m. During its midday meeting, it will hear the presentation of the report of the Ad Hoc Committee on Complementary Standards, and will then hold a general debate on racism, racial discrimination, xenophobia and related intolerance.
Documentation
The Council has before it the report of the Working Group on People of African Descent on its eleventh session (A/HRC/21/60); its Addendum 1 – Mission to Portugal (A/HRC/21/60/Add.1); and its Addendum 2 - Draft Programme of Action for the Decade for People of African Descent (A/HRC/21/60/Add.2).
Presentation of Report of Working Group of Experts on People of African Descent
VERENE SHEPHERD, Chairperson of the Working Group of Experts on People of African Descent, introducing the reports of the Working Group, said that its eleventh session had focused on the International Decade for People of African Descent and received inputs from Member States and civil society on the draft programme for the Decade. With regards to the draft programme of action, Ms. Shepherd emphasised that it was firmly anchored in the Durban Declaration and Programme of Action, the outcome document of the Durban Review Conference, the political declaration of the High-Level Meeting of the General Assembly to commemorate the tenth anniversary of the Durban Declaration, and the Convention on the Eliminations of all Forms of Racial Discrimination.
Despite the diversity of situations and experiences among people of African descent, there were several common issues that must be addressed, including racism and structural and institutional discrimination rooted in the regimes of slavery and colonialism. These were manifested in their grouping among the poorest of the poor in many countries, often inhabiting the regions, districts and areas, both rural and urban, with the most precarious infrastructure and being more exposed to crime and violence, low levels of participation and political underrepresentation. The draft programme presented a series of areas of priority for States to address during the decade under these three pillars of recognition, justice and development.
The Working Group undertook a visit from 16 to 20 May 2011 to Portugal and met with government representatives, United Nations agencies, non-governmental organizations and representatives of the African-descended community. Despite efforts by the Government to promote integration and prevent discrimination, immigrants and ethnic minorities in Portugal were vulnerable to direct and indirect discrimination and inequality. There were no special measures or affirmative action policies in Portugal aimed specifically at this group or other minorities and no statistical data disaggregated by racial or ethnic origin was collected.
Statement by Portugal as the Concerned Country
Portugal, speaking as a concerned country, said that no country in the world could claim it was entirely free from racism, racial discrimination, xenophobia and related forms of intolerance and Portugal was no exception. Portugal had implemented integration policies and measures that had been internationally recognized as best practices, such as the “one-stop-shop approach”, the Immigrant Support Centres where immigrants could get all necessary support and services. Responding to the observations by the Working Group, Portugal said that it did not have positive discrimination measures targeting people of African descent or any other racial or ethnic group because it granted the same level of protection to all and because it considered that positive discrimination measures contained the risk of having the counterproductive effect of stimulating divisions and clashes in society where they did not exist. Portugal had developed a holistic approach to fighting racism which focused on the most vulnerable individuals regardless of their ethnicity, nationality, origin, beliefs or cultural background. In conclusion, Portugal reiterated its firm commitment to fight against racism, racial discrimination, xenophobia and related forms of intolerance.
Interactive Dialogue with the Working Group of Experts on People of African Descent
Senegal, speaking on behalf of the African Group, said that it had constantly lobbied for the improvement of the living conditions of people of African descent, given their particular vulnerability resulting from discriminatory practices against them. The mobilization of the international community needed to be translated into coherent and holistic actions, and States needed to put an end to statements of intention and to start implementing them. The African Group remained committed to the promotion and protection of human rights, and hoped that the Human Rights Council would adopt the Decade of People with African Descent and would also play its role to oversee an effective implementation of the plan of action.
United States said that it condemned all forms of racism. United States’ concerns about the Durban Declaration and Durban Review Conference were well known, but the United States had supported the International Year of People of African Descent. There were already robust international frameworks to combat racism and racial discrimination. The United States had serious concerns about the wisdom of a Decade for People of African Descent. Diplomatic energy and financial resources should be allocated to the implementation of already existing instruments, rather than to the creation of new human rights instruments on that issue.
Algeria said that the Decade for People of African Descent should contribute to awareness-raising on the human rights violations faced by people of African descent. States should take all measures to eradicate all discrimination against people of African Descent and to ensure the recognition of justice for all victims of racism. The Human Rights Council had a key role to play in addressing human rights violations against people from African descent.
Honduras said that the programme of action for the Decade for People of African Descent was essential in order to underline challenges and sustainable solutions, with the objective of eradicating structural discrimination. Honduras was committed to the protection of people of African descent and had established a month of commemoration of African inheritance in order to recognise the presence and contribution of citizens of African descent. Honduras welcomed the proposed Decade and draft programme of action.
Morocco said the debates of the Working Group allowed for a discussion of the programme of action for the proposed Decade for People of African Descent. Morocco believed that the holding of an international decade was well-timed and constituted an opportunity to promote the implementation of the key commitments of the Convention. Morocco supported the theme proposed for the decade, that of justice and development. It was important to count with sufficient resources to realise the objectives of the Decade.
European Union reiterated the upmost importance to avoid both the collectivization of human rights and the creation of a hierarchy of discrimination. All individuals were entitled to their rights, without discrimination, without belonging or adhering to a group and without an unnecessary suggestion that somehow victims of discrimination were in competition for attention. The proposed programme of action covered a broad range of themes and situations, which needed very different responses and the European Union did not see what added value a Decade for People of African Descent had, given the existence of an International Year and the Convention on the Elimination of all Forms of Racial Discrimination.
Venezuela said that the eleventh session of the Working Group had been positive and that the programme of action for the Decade for People of African Descent provided a framework for measures aimed at improving the quality of life of people of African descent. Venezuela had established a series of commemorative activities in the country to mark the Decade and said that the work on combating racism, racial discrimination, xenophobia and related forms of intolerance must be accelerated.
Ecuador agreed that the issues of recognition, justice and development needed to be included in the programme of action for the Decade for People of African Descent, in particular the rights to equality and non-discrimination, education, participation and inclusion in all sectors of society, equality before the law, the right to development and others. Drafting and implementation of affirmative actions and corresponding public policies would help reduce the development and inequality gap.
Cuba said that debates in the Working Group connected to the Draft Programme of Action 2013-2022 were important for fighting discrimination against people of African descent that existed in many countries. Cuba asked the opinion of the Working Group on the need to foster regional initiatives that contributed to the preparation and implementation of action to mark the Decade for People of African Descent.
Brazil said that it had been an early supporter of the establishment of a Decade for People of African Descent, and reiterated its appreciation to the draft programme of action developed by the Working Group. The proposed theme “recognition, justice and development” for the Decade encompassed three dimensions in a comprehensive and mutually reinforcing way, and would contribute to the advancement of the commitments made by States on that issue. The creation of an African Descent forum at the United Nations, which would provide for coordination, monitoring and consultation, was also important.
China said that it supported combating all forms of racism. China had participated in the meetings of the Working Group with a serious attitude, and appreciated the work of that group for the elimination of discrimination against people of African descent. China recognized “recognition, justice and development” as pillars for the eradication of all forms of racism. China would maintain its efforts for the enjoyment of all human rights.
United Kingdom said that it had implemented the Equality Act on 1 October 2010, which consolidated anti-discrimination legislation. This act specified race, religion, sexual orientation and six other factors as a “protected characteristic” and defended against both direct and indirect discrimination. The United Kingdom championed a transparent and engaged civil society, and actively sought contributions of national human rights institutions and non-governmental organizations in its policies.
Mexico commended the decision to promote the programme of action for a Decade for People of African Descent. It constituted a unique opportunity to review the pending agenda for people of African descent, in particular, regarding the issues of recognition, justice and development. In Mexico there were over 450,000 people of African descent and many had suffered from historical and cultural invisibility. The National Council for the Prevention of Discrimination had produced a guide on public action to establish concrete measures, public policies and strategies to combat discrimination.
Peru said that there remained many challenges to improving the situation of people of African descent and hoped that the draft programme of action and the Decade for People of African Descent could contribute to the adoption of tangible actions and measures. In particular recognition constituted a fundamental element. Peru had adopted a decree that recognised the efforts and struggles of the Peruvian citizens of African descent in the affirmation of Peruvian identity. The Decade could provide opportunities to reflect on how to strengthen national measures.
South Africa expressed dismay at some of the interventions made by some delegations, specifically concerning some of the procedural arguments made during the discussion. South Africa was concerned about efforts to create procedural hurdles. During previous discussions on the proposal for a Decade for People of African Descent, the G77 had decided to defer the decision to the Council in good faith but it now seemed that this had not been the common understanding by other delegations. Delays in Geneva and New York would not be accepted and South Africa would proceed along lines agreed upon in New York.
Uruguay was committed to tackling all forms of racism, racial discrimination, xenophobia and related forms of intolerance. Uruguay would continue to strengthen its legislation and public policies to ensure the inclusion of people of African descent in all walks of life in the country. Uruguay had staunchly supported the proposal to establish the Decade for People of African Descent to raise the profile of people of African descent, with particular emphasis on the discrimination that they suffered from.
International Youth and Student Movement for the United Nations asked the Working Group if they could speak out and react on human rights violations on a more regular basis as other Special Procedures. Why had the Working Group’s report omitted the participation of its members at the High-Level Meeting of the General Assembly in 2011 which observed the tenth anniversary of the Durban Declaration and Programme of Action?
Action Internationale pour la Paix et le Développement dans la Région des Grand Lacs said that many were disappointed with the half hearted implementation of the Durban Declaration and Programme of Action by States. Transatlantic slave trade was still not included in the curricula of former slave powers, even though the duty to remember was crucial for the social cohesion and the inclusion of people of African descent.
African Commission of Health Promoters and Human Rights welcomed the proposal of remembrance of transatlantic slave trade as a crime against humanity. It expressed concerns about the lack of implementation of the Durban Declaration and Programme of Action, and called on the Human Rights Council to strengthen its work against racism and to decide for a multi-year plan for the urgent implementation of the Durban Declaration and Programme of Action.
North-South XXI welcomed the fact that the draft programme of action for the International Decade for People of African Descent was anchored in the Durban Declaration and Programme of Action. That framework was of vital importance for the protection of people of African descent from discrimination. North-South XXI welcomed the recognition of reparations for slavery and the transatlantic slave trade. It offered its collaboration and support to the work of the Working Group
Tiye International said in a joint statement that they supported the establishment of the Decade for people of African Descent, and urged the Human Rights Council to fully endorse the draft programme of action and to transmit it to the United Nations General Assembly. The dissemination of information on the Durban Declaration and Programme of Action and on human rights should be a priority.
Concluding Remarks
VERENE SHEPHERD, Chairperson of the Working Group of Experts on People of African Descent, said in her concluding remarks that there was a general agreement in the Working Group that the International Year of the People of African Descent had not achieved its laudable objectives, and that was why it proposed the International Decade for People of African Descent. Ms. Shepherd agreed with Portugal that no State was free from discrimination and welcomed its efforts to address discrimination. Hopefully, the Decade would move States along to address discrimination against people of African descent, especially where discord existed between policy and practice. The Chairperson stressed that the proposal for the Decade had been endorsed by the Inter-American Commission of Human Rights. The adoption of special measures such as affirmative action was essential to remedy the situation of people of African descent and address structural inequalities. The Decade would not be contrary with the existing international law and instruments; quite contrary, it would boost the efforts. In conclusion, Ms. Shepherd stressed that there was indeed a hierarchy of discrimination, linked to historical wrongs, slavery and legacy of slave trade; this was uncomfortable to admit for some States, but was necessary in order to end discrimination as set out in the Durban Declaration and Programme of Action.
For use of the information media; not an official record
HRC12/120E