AFTERNOON - Human Rights Council Discusses Excessive Use of Force by Law Enforcement against Africans and People of African Descent and Ensuring Economic Empowerment for Them
Council Concludes Interactive Dialogue with the High Commissioner on Root Causes of Religious Hatred Constituting Incitement to Discrimination or Violence
The Human Rights Council this afternoon held an enhanced interactive dialogue on the reports of the High Commissioner for Human Rights and the International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement, and heard the presentation of reports by the Working Group of Experts on People of African Descent. The Council also concluded its interactive dialogue on the oral update of the High Commissioner on the various drivers, root causes and human rights impacts of religious hatred constituting incitement to discrimination, hostility or violence.
Nada Al-Nashif, United Nations Deputy High Commissioner for Human Rights, presenting the report of the High Commissioner, said the report highlighted the ongoing and pervasive nature of the multiple, intersecting and interconnected manifestations of systemic racism against Africans and people of African descent in different regions. The report raised the disproportionate impact on Africans and people of African descent of use-of-force violations by law enforcement officials, racial profiling, and racial disparities in the criminal justice system. It remained clear that in the majority of deaths of people of African descent after an interaction with law enforcement, progress towards accountability and redress was severely lacking.
Ms. Al-Nashif said States needed to acknowledge and end the long-standing marginalisation and exclusion of Africans and people of African descent and ensure everyone had equal access to opportunities, resources and power. It was time to dismantle systemic racism, including by confronting the legacies of enslavement and colonialism and achieving reparatory justice.
Tracie Keesee, Member of the International Independent Expert Mechanism to Advance Racial Justice and Equality in the Context of Law Enforcement, said the present annual thematic report highlighted abusive police practices, from violent interactions to racial profiling and stop-and-search, as well as in relation to drug law enforcement, and in responses to social phenomena such as mental health, homelessness, and policing in schools. The Expert Mechanism noted that while essential, a strictly regulatory approach to the use of force was insufficient to address the breadth of challenges and the historical discrimination faced by communities of Africans and people of African descent. There should be holistic reform within law enforcement which could be based on acknowledging historic discrimination and racism and its impact on present abusive law enforcement practices.
Ms. Keesee spoke on the Expert Mechanism’s country visits to Sweden and the United States. United States spoke as a country concerned.
Dayana Blanco Acendra, General Director of ILEX-Acción Jurídica, speaking in the enhanced interactive dialogue, said human rights institutions had reported a rise in the use of irregular practices and the disproportionate application of force by the Colombian national police, especially in relation to members of the Afro-descendant community. There needed to be accountability and justice guarantees mechanisms in place to investigate acts of police violence.
Marcia Rigg, member of the Board of INQUEST, also speaking in the enhanced interactive dialogue, spoke about the deaths of black men of African descent in police custody or following police contact in the United Kingdom, including the death of her brother. INQUEST reported in February this year that black people were seven times more likely to die than white people following the use of restraint by the police.
In the discussion, some speakers said without tackling racism, racial discrimination, xenophobia and related intolerance, the world could not reach equal societies where the human rights of all were respected, protected and fulfilled. There must be firm political will, both nationally and internationally, to implement the provisions of the Durban Declaration and Programme of Action to eliminate racism, racial discrimination, xenophobia and related intolerance. Racially motivated violence should not just merely be condemned, the international community had a moral and legal obligation to speak for the silenced voices and ensure effective concrete responses that would contribute to fight systemic racism and the legacies of slavery, colonialism and apartheid.
Speaking in the interactive dialogue were Finland on behalf of a group of countries, European Union, Côte d'Ivoire on behalf of the African Group, Costa Rica, Paraguay, Brazil, Egypt, Iraq, Malawi, State of Palestine, China, Indonesia, Russian Federation, South Africa, United Kingdom, Tunisia, Algeria, Cuba, Venezuela, Türkiye, Botswana, Honduras, Belarus, Iran and Colombia.
Also speaking were Advocates for Human Rights, International Human Rights Internship Programme, Justiça Global, International Service for Human Rights, Minority Rights Group, Conectas Direitos Humanos, Geledés - Instituto da Mulher Negra, Sikh Human Rights Group, Edfu Foundation Inc, and Association "Paix" pour la lutte contre la Contrainte et l'injustice.
At the end of the meeting, Barbara G. Reynolds, Chair of the Working Group of Experts on People of African Descent, presented four reports by the Working Group. The annual report examined how systemic racism, and global economic structures, and financial mechanisms affected the economic and financial empowerment of people of African descent, tracing the trajectories and impacts of enslavement, colonisation, segregation, and apartheid over the centuries, and provided an analysis of anticipated future trends to draw conclusions and make recommendations.
Ms. Reynolds spoke about the Working Group’s visits to Australia and the United Kingdom. The Council will hear statements from the countries concerned in the next meeting followed by an interactive dialogue with Ms. Reynolds.
At the beginning of the meeting, the Council concluded the interactive dialogue with Volker Türk, United Nations High Commissioner for Human Rights, on his oral update on the various drivers, root causes and human rights impacts of religious hatred constituting incitement to discrimination, hostility or violence.
Mr. Türk said human diversity was not a threat: it was an asset, and the richness of the human family expressed itself through religious and spiritual belief. Each community must feel that their identity was respected, and they could participate in society as a whole. Acts of hatred and of hate speech could spread like wildfire on social media platforms, and in countries with deeply different cultural, political and religious contexts. It was clear that work needed to be done, and the Human Rights Council’s resolutions were important frameworks on which to continue this very important follow-up work.
In the discussion, many speakers shared the High Commissioner’s concern about the obstacles and violations to the right to freedom of religion or belief, including the use of violence, the increase in hate speech and intolerance, as well as the spread of extreme right-wing ideologies that encouraged hatred and religious intolerance. Speakers strongly condemned all acts of discrimination, hostility or violence on the basis of religion or belief against individuals, including against persons belonging to religious communities and minorities around the world and against their places of worship. Speakers pledged to continue to stand up for the right to freedom of religion or belief, freedom of expression and freedom of assembly.
Speaking were United Nations Peace, Azerbaijan, Maldives, United States, Finland on behalf of the Nordic-Baltic countries, and Venezuela.
Also speaking were World Jewish Congress, World Evangelical Alliance, Legal Analysis and Research Public Union, Public Organization "Public Advocacy", Institut International pour les Droits et le Développement, Institute for NGO Research, Cairo Institute for Human Rights Studies, Stichting Global Human Rights Defence, Human Rights Information and Training Centre, and Forum for Development and Human Rights Dialogue.
Speaking in right of reply at the end of the meeting were China, Ukraine and Tunisia.
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-fourth regular session can be found here.
The Council will next meet at 10 a.m. on Friday, 6 October, when it will hold an interactive dialogue with the Working Group of Experts on People of African Descent, followed by an interactive dialogue with the Permanent Forum on People of African Descent. The Council will then proceed with the presentation of the report of the Ad Hoc Committee, followed by the general debate under item nine on racism, racial discrimination, xenophobia and related intolerance.
Interactive Dialogue on the Oral Update of the High Commissioner on the Various Drivers, Root Causes and Human Rights Impacts of Religious Hatred Constituting Incitement to Discrimination, Hostility or Violence
The interactive dialogue on the oral update of the High Commissioner on the various drivers, root causes and human rights impacts of religious hatred constituting incitement to discrimination, hostility or violence started in the previous meeting and a summary can be found here.
Discussion
Many speakers thanked the High Commissioner for his oral update. They shared his concern about the obstacles and violations to the right to freedom of religion or belief, including the use of violence, the increase in hate speech and intolerance, as well as the spread of extreme right-wing ideologies that encouraged hatred and religious intolerance. Speakers strongly condemned all acts of discrimination, hostility or violence on the basis of religion or belief against individuals, including against persons belonging to religious communities and minorities around the world and against their places of worship.
A number of speakers pledged to continue to stand up for the right to freedom of religion or belief, freedom of expression, and freedom of assembly. They said they would continue to combat all forms of intolerance and discrimination against religion. In accordance with article 20 of the International Covenant on Civil and Political Rights, all States were required to prohibit advocacy of national, racial or religious hatred that constituted incitement to discrimination, hostility or violence. Existing international frameworks, including the Istanbul process framework and the Rabat Plan of Action, could be drawn upon in this regard.
Some speakers said that anti-Semitism was on the rise and was broadly linked to the landscape of hate. Attacks on Jewish students for being “Zionists” were frequent occurrences on university campuses in North America and Europe, as well as the targeting of synagogues and other institutions. Anti-Semitic acts of vandalism were of particular concern. One speaker quoted former United Nations Secretary-General Kofi Annan, who said, “a human rights agenda that fails to address anti-Semitism denies its own history.” The Council needed to be conscious of its own origins and have a serious reflection on the priorities it set, said the speaker.
A number of speakers strongly condemned despicable acts of burning the holy Qu’ran, which had been on the rise in Western countries. This created a basis for racism and discrimination and undermined peaceful coexistence. Council resolution 53/1 demonstrated the commitment to addressing this important issue. However, even after the resolution, the increasing acts of hatred and violence against Muslims were concerning. Speakers strongly condemned these acts which were committed under the guise of freedom of speech and expression. All abhorrent acts against Islam needed to end.
Some speakers were concerned about attacks against religious minorities and the ensuing loss of life that resulted from religious hatred constituting incitement to discrimination, hostility or violence. Often, religious hatred spilled into violence in a context where religious minorities were disenfranchised, stigmatised, scapegoated and discriminated against. Addressing drivers, root causes, and human rights impacts of religious hatred needed to account for the presence and situation of religious minorities.
Education remained of primary importance to instil the values of respect and coexistence for the new generations, one speaker said. True enlightenment occurred when nations confronted their shadows and worked from all sides. Some speakers highlighted that protecting human rights instead of placing limitations on freedom of expression was crucial, and advocated for interfaith dialogue.
Concluding Remarks
VOLKER TÜRK, United Nations High Commissioner for Human Rights, said a delegation had reminded all that the burning of books had a sinister past, even more so when it came to the burning of texts that were sacred to millions. Human diversity was not a threat: it was an asset. The world could only benefit from the richness of the human family that expressed itself through religious and spiritual belief, and each community must feel that their identity was respected, and that they could participate in society as a whole. Acts of hatred and of hate speech could spread like wildfire on social media platforms, and in countries with deeply different cultural, political and religious contexts. It was clear that work needed to be done, and the Human Rights Council’s resolutions were important frameworks on which to continue this very important follow-up work.
The international legal framework was clear, it protected individuals and communities against expressions of religious hatred. The International Covenant on Civil and Political Rights clearly circumscribed conditions for when freedom of expression could and should be restricted. There were gaps when it came to incitement to religious hatred at the national level in various countries, for various reasons. These national laws needed to be brought in line with international law and be informed by the effect that they had on the broader issues of diversity, tolerance and respect.
On how to improve the efforts, move forward from mere dialogue to genuine inter-faith engagement, and embark on concrete actions to foster understanding, it was clear that interfaith harmony and mutual respect needed to be promoted in the interest of all communities. Religious and political leaders had a duty to speak out when any group was subject to attack, and make it clear that violence was never justified by previous actions of any of the parties. Each community must feel that their rights were fully respected. Social media companies had a very important role to play when it came to limiting hate speech. If hate was allowed to spread, it had enormous negative consequences and thus efforts needed to be improved to ensure that early warning signals were identified.
Mr. Türk said he engaged with States on this particular issue: the fact that there was a consultation process that had already been launched would give an opportunity for further engagement. As the international community went forward and worked to address this issue, he emphasised the Faith For Rights Network that was organised by his Office, which worked to find a way for religious institutions to respond to hatred and violence. He looked forward to continuing this process and this important debate in the context of the Council.
Enhanced Interactive Dialogue on the Reports of the High Commissioner and of the International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement on the Promotion and Protection of the Human Rights and Fundamental Freedoms of Africans and People of African Descent against Excessive Use of Force and Other Human Rights Violations by Law Enforcement Officers
Reports
The Council has before it the reports on the promotion and protection of the human rights and fundamental freedom of Africans and people of African descent against excessive use of force and other human rights violations by law enforcement officers of the High Commissioner (A/HRC/54/66) and of the International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement (A/HRC/54/69).
Presentations
NADA AL-NASHIF, United Nations Deputy High Commissioner for Human Rights, presented the second High Commissioner’s report pursuant to Human Rights Council resolution 47/21. Once again, the report highlighted the ongoing and pervasive nature of the multiple, intersecting and interconnected manifestations of systemic racism against Africans and people of African descent in different regions. The report raised the disproportionate impact on Africans and people of African descent of use-of-force violations by law enforcement officials, racial profiling, and racial disparities in the criminal justice system.
After the report was finalised, there were further developments. In the United States, all four former Minneapolis police officers involved in the murder of George Floyd were sentenced to prison terms by state and federal courts. In the United Kingdom, following its reinvestigation in connection with the death of Kevin Clarke in 2018, the Independent Office for Police Conduct announced that two police officers would face proceedings for gross misconduct and one police officer for gross incompetence. In France, the judges investigating the circumstances of the death of Adama Traoré in 2016 decided there was no ground for prosecution regarding the gendarmes. In Brazil, the Superior Court of Justice ruled to reinstate aggravating circumstances to the criminal charge of homicide with regards to the death of Luana Barbosa dos Reis Santos in 2016. It remained clear that in the majority of deaths of people of African descent after an interaction with law enforcement, progress towards accountability and redress was severely lacking.
This year’s report focused on the immense challenges and barriers to effective, meaningful, inclusive and safe participation of people of African descent. It highlighted surveillance, harassment, intimidation, arrest, unlawful killings and violence against civil society actors of African descent in numerous countries.
Frequently, the outcomes of processes did not take into account the expertise and lived experiences of those people of African descent, resulting in frustration, fatigue and an erosion of trust in institutions. Some States had taken steps to facilitate participation. For example, in Brazil, a March 2023 decree established that 30 per cent of senior positions in the federal public administration should be allocated to indigenous peoples and people of African descent by 2026. In the United States, the Minnesota Department of Human Rights sought to put community experiences at the centre in its investigation into the Police Department through interviews with community organizations and directly affected individuals. Listening to people of African descent and acting upon their concerns was crucial to break the cycles of discrimination, abuse and violence that had persisted over generations.
Ms. Al-Nashif said States needed to acknowledge and end the long-standing marginalisation and exclusion of Africans and people of African descent and ensure everyone had equal access to opportunities, resources and power. It was time to dismantle systemic racism, including by confronting the legacies of enslavement and colonialism and achieving reparatory justice.
TRACIE KEESEE, Member of the International Independent Expert Mechanism to Advance Racial Justice and Equality in the Context of Law Enforcement, said the present annual thematic report focused on “re-imagining policing”, and highlighted abusive police practices, from violent interactions to racial profiling and stop-and-search, as well as in relation to drug law enforcement, and in responses to social phenomena such as mental health, homelessness, and policing in schools. The Expert Mechanism noted that while essential, a strictly regulatory approach to the use of force was insufficient to address the breadth of challenges and the historical discrimination faced by communities of Africans and people of African descent.
The Expert Mechanism pointed to a way forward comprising comprehensive reform and cultural and institutional transformation, and also highlighted promising practices from around the world, including the collection of data disaggregated by race or ethnicity, the use of body cameras, and laws and policies put in place to end police impunity and promote accountability. It called for law enforcement agencies to cultivate a culture of respect and wellbeing within their ranks, which would then be emulated by officers who respected the human rights of the communities they served, including Africans and people of African descent, while performing their duties. It also called on States to foster meaningful and sustained engagement between law enforcement agencies and the communities they served. There should be holistic reform within law enforcement which could be based on acknowledging historic discrimination and racism and its impact on present abusive law enforcement practices.
Ms. Keesee said to date, the Expert Mechanism had conducted two country visits to Sweden and the United States. It had held an in-person regional consultation in Chile with stakeholders from 10 different countries, as well as several consultations online. The Mechanism had also engaged with States in writing on allegations of racism in the context of law enforcement. It urged the Swedish authorities to continue pursuing efforts to prevent and prosecute hate crimes, and all offences motivated by discrimination, intolerance, or hatred; and to increase diversity, including based on race and gender, within the ranks of the police force to reflect the communities they served. As to the United States, the Expert Mechanism called on the Government to address the legacies of enslavement, which still led to discriminatory practices, and to adopt alternative methods to policing.
DAYANA BLANCO ACENDRA, General Director of ILEX-Acción Jurídica, said ILEX was an organization led by Afro-Colombian lawyers fighting against racial discrimination in Colombia. Human rights institutions had reported a rise in the use of irregular practices and the disproportionate application of force by the Colombian national police, especially in relation to members of the Afro-descendant community. These actions seemed to be due to discriminatory prejudices and racial criteria, which reflected in trends such as the profiling and criminalisation of the Afro-descendant population.
In addition to the excessive use of force, there were practices of harassment and excessive police control in areas with a high concentration of Afro-descendant population, including the focus of police actions in these areas. The consolidation and publication of data disaggregated by race or ethnicity was necessary to generate indications for reforms, including police reform, among Afro-descendant populations and in society. Colombia had major difficulties in this area. One example was the adverse impact of the 2018 National Census in which, due to various shortcomings, almost 30 per cent of the Afro-Colombian population was not accounted for. The Constitutional Court of Colombia had recognised the violation of fundamental rights by the National Census and ordered the implementation of concrete actions to prevent this situation being repeated.
There was a gap on the part of the institutions of the justice sector when it came to capturing the ethnic-racial variable in their databases and information systems. It was important to strengthen the meaningful, inclusive and safe participation of people of African descent. Institutions needed to actively listen to the recommendations and demands of civil society to implement them in the reforms of the national police and on the right to protest. It was vital to ensure the participation of Afro-descendant organizations at all levels. It was recommended that a public policy be designed to guarantee the statistical visibility of the Afro-Colombian population in all statistical operations and administrative records. The participation of Afro-descendant civil society organizations needed to be bolstered in processes to reform the police force. There needed to be accountability and justice guarantees and mechanisms in place to investigate acts of police violence.
MARCIA RIGG, member of the Board of INQUEST, said she would speak about the deaths of black men of African descent in police custody or following police contact in the United Kingdom. First, she spoke of the injustices faced by her family following the death of her brother, Sean Rigg. Her brother died in police custody on 21 August 2008. He was arrested during a mental health crisis and rushed to Brixton police station. This was following restraint by four Metropolitan police officers in a dangerous prone position for 7-8 minutes, similar to George Floyd. Sean was extremely unwell, and within less than an hour he was dead.
An inquest in 2012 found, amongst other failings, that Sean died of a cardiac arrest following restraint in the prone position, which was deemed ‘unnecessary’, ‘unsuitable’ and more than minimally contributed to his death. Almost 11 years later, during which time there had been a perjury trial and gross misconduct charges, all the officers walked away unpunished. The never-ending trauma and painful impact continued, as it did for countless families across the United Kingdom. Sean’s case was not an isolated one, and Ms. Rigg said her work with INQUEST and the United Families and Friends’ Campaign illustrated this time and time again.
On the lack of accountability, INQUEST reported in February this year that black people were seven times more likely to die than white people following the use of restraint by the police. Important recommendations were often not acted upon. Further, the very issue of race or racism was almost non-existent in official investigations.
Since 1990 there had only been one successful prosecution of an officer for manslaughter and none for murder following a death in police custody or following police contact. This silence was not a sign of non-discrimination, but rather an indication of a lack of confidence about how to address racial issues, or a lack of willingness to do so. One lasting legacy that Ms. Rigg demanded was an end to excessive use of force, such as prone restraint and tasers. The best management was de-escalation. The use of excessive use of force must end.
Statement by Country Concerned
United States, speaking as a country concerned, thanked the Expert Mechanism for the visit, saying they strongly supported the mandate. Global racial justice was a priority given the history of systemic racism in the country. The United States remained committed to advancing racial justice and equity, and to preventing and countering systemic racism, discrimination, violence, xenophobia and injustice. Systemic racism against people of African descent in the law enforcement and the criminal justice systems had existed for centuries and continued to exist in the United States and abroad. Real and lasting change would only come if action was taken to prevent these tragedies from ever happening again. The United States was undertaking several initiatives to promote the shared objective to address the legacy and ongoing impact of systemic racism. The United States’ generational commitment to advancing equity required sustained leadership and partnership with all communities.
Discussion
In the discussion, some speakers said the participation of persons of African descent in public affairs was key for achieving racial justice. Without tackling racism, racial discrimination, xenophobia and related intolerance, the world could not reach equal societies where the human rights of all were respected, protected and fulfilled. There must be firm political will, both nationally and internationally, to implement the provisions of the Durban Declaration and Programme of Action to eliminate racism, racial discrimination, xenophobia and related intolerance.
As stressed by the report of the Office of the High Commissioner, the twentieth anniversary of the Durban Declaration and Programme of Action in 2021 had come and gone without the necessary progress in the lives of people of African descent worldwide. As 2023 marked the celebration of the seventy-fifth anniversary of the Universal Declaration of Human Rights, this was a symbolic opportunity for countries to recommit to the prohibition of racism and racial discrimination. States should adopt concrete and special measures to guarantee people of African descent all the components of the right to participate in public affairs.
Some speakers said racially motivated violence should not just merely be condemned, the international community had a moral and legal obligation to speak for the silenced voices and ensure effective concrete responses that would contribute to fight systemic racism and the legacies of slavery, colonialism and apartheid. Ironically, the countries that engaged in these atrocities, a speaker said, were often the same ones that portrayed themselves as pinnacles of freedom and democracy around the world. It was time for them to step down from this moral high ground, and officially recognise their historic role in the current reality of systemic discrimination.
Governments were urged by speakers to take concrete steps to address racism and discrimination against Africans and people of African descent by, inter-alia, collecting disaggregated data, implementing bias-free policing practices, and reviewing the use of artificial intelligence-based algorithms for predictive policing for encoded racial bias. The fight against racial discrimination required genuine political determination, and shoring up national legislation to combat systemic racism, xenophobia and hate speech in the conventional media and social media.
Some speakers said the report showed that despite many positive examples, there was still a long way to go to considerably improve the participation of persons of African descent and other underrepresented groups. Ending multiple and intersecting forms of discrimination should be the goal for all persons of African descent, including women, children, persons with disabilities, and lesbian, gay, bisexual, transgender, queer, intersex persons. Attacks, both online and offline, against academics, human rights defenders and others, who brought injustices to light, must be confronted.
There was a need for a human rights-based approach to policing in the form of a comprehensive, systematic and institutional approach to law enforcement that complied with international human rights standards and practices. Law enforcement agencies must ensure that policies and the actions of individual law enforcement officers reflected international human rights norms and standards, and that law enforcement officers were fully aware of their human rights responsibilities.
A number of speakers said persons of African descent were unfairly targeted by law enforcement, with concomitant results on their health and safety. A lack of representation of minorities in law enforcement agencies could perpetuate racial discrimination and contribute to racial stereotypes, leading to unequal treatment. People of colour also received harsher sentences. There must be more and better training from a human rights-based approach for law enforcement agencies, with better protocols ensuring that it was no longer law enforcement officials who were first responders in the case of mental health emergencies.
Among questions raised were: could the Council better address multiple and intersecting forms of racism, so that participation of all persons of African descent in public life could be improved; what best practices had the members of the Expert Mechanism come across while preparing for this report; and what recommendations did the Expert Mechanism have for the international community towards improving law enforcement cultures and standards?
Concluding Remarks
MARCIA RIGG, Member of the Board of INQUEST, said the lack of public confidence in policing in the United Kingdom, particularly with black communities, was at an all-time low. A recent report found that the Metropolitan police was still institutionally racist, and in 2022 the Met was put into special measures. Yet they continuously denied institutional racism, even though the evidence was glaring. This was why the Office of the High Commissioner for Human Rights’ recommendation for an independent oversight mechanism was so important. The trauma, pain and suffering of all bereaved families never ended. The continuation of excessive use of force by law enforcement against black men was a continuation of the enslavement of black people. Ms. Rigg hoped to continue working with the United Nations, along with other bereaved families, to help ensure that the wrongs were put right, to engage restorative justice, and to repair the damage caused.
DAYANA BLANCO ACENDRA, General Director of ILEX-Acción Jurídica, said she hoped steps could be taken to strengthen ways to build racial justice, particularly in Colombia. The State’s responsibility for overcoming issues was a first step. Colombia would be called upon to acknowledge racist police violence as part of a national conversation. The existence of racial profiling and criminalisation had led to the deaths of young black people. There needed to be regular, comprehensive information with a racial element. Ms. Blanco Acendra called on the Colombian State to respond positively and take up the invitation sent by the Independent Expert Mechanism to eradicate racism in the country. It was hoped that the visit would broaden and deepen the discussion. Letters had been sent to the Government to ask them to respond to the invitation. It was important to enhance engagement with civil society; they needed to be part of these discussions.
TRACIE KEESEE, Member of the International Independent Expert Mechanism to Advance Racial Justice and Equality in the Context of Law Enforcement, said the Expert Mechanism thanked the survivors and families that had met with it. The notions of what it meant to be safe and who provided that safety was not a question for a large number of persons around the world, with some losing that to death. The concepts of policing in law enforcement had its roots in a social construct of race dating back to the days of slavery. Member States should be bold and courageous, and law enforcement agencies around the world should familiarise themselves with the voices and cries of Africans and those of African descent.
NADA AL-NASHIF, United Nations Deputy High Commissioner for Human Rights, said meaningful and safe participation was key to effective transformative change, so crucially needed in so many States, which should meet their obligations under international human rights law, in particular for persons of African descent, and voices that encapsulated the full spectrum of identities and views. Ensuring effective participation required political will and long-term commitment but also a necessary shift to ensure that policymaking was informed by the lived-in expertise of persons of African descent. Women of African descent faced specific risk factors deeply rooted in historical patterns of discrimination. Persons of African descent with disabilities and affected by lower socio-economic status and poverty also faced specific challenges, and States must adopt special measures adapted to national circumstances that faced up to these needs. These challenges around participation did not exist in a vacuum; there was an urgent need to dismantle systemic racism as it existed in law enforcement. The call to reimagine was a powerful one and the Office stood ready to provide assistance to all States.
Interactive Dialogue with the Working Group of Experts on People of African Descent
Reports
Before the Council are the reports of the Working Group of Experts on People of African Descent on the economic empowerment of people of African descent (A/HRC/54/67) and the report on facilitating the journey from rhetoric to reality (A/HRC/54/71) and its recent visits to the United Kingdom (A/HRC/54/67/Add.1) and Australia (A/HRC/54/67/Add.2).
Presentation of Reports
BARBARA G. REYNOLDS, Chairperson of the Working Group of Experts on People of African Descent, said she would present four reports: the annual report on the economic empowerment of people of African descent; the report reviewing 20 years of work by the mandate entitled facilitating the journey from rhetoric to reality; and the reports following official country visits to Australia and the United Kingdom.
The annual report provided an overview of the Working Group’s thirty-first and thirty-second session. The Working Group’s public session this year focused on the theme “economic empowerment of people of African descent”. A special event was also held at the end of the session entitled “Durban memoirs by the legends of Durban”. The Working Group examined how systemic racism, global economic structures, and financial mechanisms affected the economic and financial empowerment of people of African descent, tracing the trajectories and impacts of enslavement, colonisation, segregation, and apartheid over the centuries, and provided an analysis of anticipated future trends to draw conclusions and make recommendations. The report recommended that all stakeholders enhance awareness and public education about the cause and consequences of black indebtedness, and its cost. Member States should declare a second International Decade for People of African Descent and fully implement it.
The Working Group’s report entitled facilitating the journey from rhetoric to reality, prepared pursuant to Human Rights Council resolution 51/32 that took stock of the Working Group’s 20 years of work since the mandate’s establishment in 2002, presented a review of that work and included conclusions and recommendations on how to address more efficiently the human rights concerns of people of African descent. The Working Group highlighted the initiatives taken under its mandate, in particular the thematic analyses and fact-finding country visits. The review showed that the Working Group had offered important leadership and analyses globally in the fight to combat racism since its inception. All States were called upon to engage with United Nations entities and mechanisms to enhance the effective implementation of the mandate’s recommendations.
During the reporting period, the Working Group visited Australia and the United Kingdom, meeting with Governments, national institutions, and civil society in both countries. During its mission to Australia from 12 to 20 December 2022, the Working Group visited Canberra, Melbourne, Brisbane and Sydney. The Working Group welcomed the positive steps taken, but despite the positive measures taken, the Working Group was concerned about the human rights situation of people of African descent in Australia. Australia’s indefinite detention regime systematically violated the human rights of those subject to it. The statutory basis for visa cancelation far exceeded the basis on which refugees could be excluded from protection under the 1951 Convention. Australia needed to acknowledge that the persistent downgrading of people of African descent implicated mindsets and legacies of racial hierarchy.
The Working Group visited the United Kingdom from 18 to 27 January 2023, visiting London, Birmingham, Manchester and Bristol. The Working Group welcomed positive steps to eliminate racial discrimination and guarantee human rights for people of African descent. Despite these positive measures, the Working Group remained deeply concerned about the human rights situation of people of African descent in the United Kingdom. The evolving situation concerning the Windrush generation and their descendants was devastating. The Working Group was concerned that the criminal justice system in the United Kingdom was a site of racial disparity, institutional racism, and individual bias, including in policing, prosecutions, and the courts, and that joint enterprise laws resulted in the criminalisation of black childhood.
Ms. Reynold reiterated the Working Group’s availability and readiness to contribute to and support all efforts to end racial injustice everywhere and protect the human rights of all people of African descent.
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HRC23.141E