MORNING - Halting and Reversing the Lasting Consequences of Slavery, Colonialism, Genocide and Apartheid Are Critical to Addressing Racism against People of African Descent, Permanent Forum Tells Human Rights Council
Council Hears Presentation of Report of Ad Hoc Committee, Begins General Debate on Racism and Racial Discrimination, and Concludes Interactive Dialogue with the Working Group of Experts on People of African Descent
The Human Rights Council this morning held an interactive dialogue with the Permanent Forum on People of African Descent, heard the presentation of the report 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 then started a general debate under agenda item nine on racism, racial discrimination, xenophobia and related forms of intolerance, follow-up to and implementation of the Durban Declaration and Programme of Action. At the beginning of the meeting, the Council concluded the interactive dialogue with the Working Group of Experts on People of African Descent.
Epsy Campbell Barr, Chair of the Permanent Forum on People of African Descent, stressed the paramount importance of formulating a United Nations declaration on the promotion, protection and full respect for the human rights of people of African descent, which would serve both to recognise and effectively address systemic and structural forms of racial discrimination, and to actively safeguard and promote the human rights of people of African descent.
Ms. Campbell Barr said despite the efforts made by some countries to combat racism, racial discrimination, xenophobia and related intolerance faced by people of African descent, the Permanent Forum remained deeply concerned that people of African descent continued to face systemic racism and racial discrimination. During the two sessions held, halting and reversing the lasting consequences of slavery, colonialism, genocide and apartheid were seen as critical to addressing systemic and structural racism against people of African descent. Reparation was a cornerstone of justice and without it, there could be no effective sustainable development agenda.
In the discussion, some speakers said persons of African descent continued to face multiple and intersecting forms of discrimination in their lives due to systemic and structural racism. It was essential to tackle the structural causes of racism, which made millions more vulnerable to climate change, and excluded them from forms of employment. Colonialism, slavery, and the Atlantic slave trade were part of the darkest moments of human history, and had had lasting effects today, with millions, including persons of African descent, Muslims, and many other groups continuing to suffer from discrimination. Some speakers reiterated their commitment to the development of a declaration on the rights of persons of African descent, urging regional consultations be held with African descent communities.
The Council then heard from Kadra Ahmed Hassan, Permanent Representative of Djibouti to the United Nations Office at Geneva and Chairperson of the Ad Hoc Committee on the Elaboration of Complementary Standards to the International Convention on the Elimination of All Forms of Racial Discrimination, presenting the report of the Ad Hoc Committee on its thirteenth session. The Ad Hoc Committee discussed issues pertaining to terminology and the elements requiring legal definition in order to criminalise acts of a racist and xenophobic nature, either at the national, regional or international level, as well as the structure and scope of a legal document aimed at criminalising acts of a racist and xenophobic nature. The Ad Hoc Committee was beginning to undertake a structured and focused consideration of the possible substance of the complementary standards.
The Council then began a general debate under agenda item nine on racism, racial discrimination, xenophobia and related forms of intolerance, follow-up to and implementation of the Durban Declaration and Programme of Action.
In the general debate, some speakers said in a diverse world, represented by the diverse Council, freedom of religion or belief was one of the fundamental rights and principles. However, anti-Semitism, racism, and all forms of intolerance and discrimination undermined human rights and the rule of law, and threatened the basic fabric of societies. Various forms of anti-Semitism, including Holocaust denial and distortion, were on the rise throughout the world. Some speakers said the recurrent instances of desecration of the Holy Quran, ban on wearing facial veils, misuse of national security measures, and stigmatisation of Muslim and African migrant communities were ugly manifestations of contemporary forms of racism. A number of speakers called on the international community to take meaningful legislative and administrative steps to prevent the growing plague of racism in all its contemporary forms and manifestations.
At the beginning of the meeting, the Council concluded the interactive dialogue with the Working Group of Experts on People of African Descent, which began yesterday. A summary can be viewed here. Australia and the United Kingdom spoke as countries concerned.
Barbara G. Reynolds, Chair of the Working Group of Experts on People of African Descent, in concluding remarks, said digitalisation, the fifth industrial revolution, built on the gains and ills of the previous four revolutions, which had left people of African descent cumulatively behind, economically and socially. There must be a second International Decade for People of African Descent. There must be discourse, discussion and dialogue on reparatory justice between those who had been enslaved and those who enslaved persons of African descent. There must be full implementation of the Durban Declaration and Programme of Action.
In the discussion, some speakers noted the significant contribution that the Working Group had made during its 20 years of activity in drawing attention to the obstacles to the full realisation of the rights and freedoms of people of African descent, including the right to development. They noted the report’s findings on the negative impact on Africa’s development, due to the current skewed global economic and financial architecture, which was an obsolete, hierarchical system, favouring the policy priorities of donor countries over the needs and potential of recipient countries. Some speakers said the serious problems which had a negative impact on the lives and opportunities of people of African descent were institutionalised, fuelled by deep-rooted prejudices and negative stereotypes, formed during the period of colonialism and the exploitation of Africa's wealth and resources by certain countries. Political will was required to address historical harms and promote equality and development for all.
Speaking in the interactive dialogue with the Permanent Forum on People of African Descent were the European Union, Barbados on behalf of a group of countries, Portugal, Costa Rica, Israel, Paraguay, Brazil, United States, China, United Nations Population Fund, Zimbabwe, Russian Federation, South Africa, Peru, Panama, Cuba, Venezuela, Jamaica, Uganda, Bolivia, Trinidad and Tobago and Honduras.
Also speaking were International Youth and Student Movement for the United Nations, Service International, Servas International, Union of Arab Jurists, Elizka Relief Foundation, Promotion du Développement Economique et Social, and Edfu Foundation Inc.
Speaking in the general debate on racism and racial discrimination were Czechia on behalf of a group of countries, Pakistan on behalf of the Organization of Islamic Cooperation, Pakistan on behalf of a group of countries, Spain on behalf of the European Union, Venezuela on behalf of a group of countries, Azerbaijan on behalf of the Non-Aligned Movement, Libya on behalf of the Arab Group, Netherlands on behalf of a group of countries, and Ukraine
Speaking in the interactive dialogue with the Working Group of Experts on People of African Descent were the European Union, South Africa on behalf of a group of countries, Brazil, Egypt, United Nations Children's Fund, China, Zimbabwe, Russian Federation, Angola, Peru, Panama, Cuba, Togo, South Africa, Venezuela, Senegal, Sierra Leone, Mozambique, Lesotho, Spain, Organization of Islamic Cooperation, Honduras, Sri Lanka, United States and Ecuador.
Also speaking were International Youth and Student Movement for the United Nations, International Federation for the Protection of the Rights of Ethnic, Religious, Linguistic and Other Minorities, Global Action on Aging, International Service for Human Rights, Institut International pour les Droits et le Développement, Human Rights Watch, and Edfu Foundation Inc.
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 reconvene at 3 p.m. this afternoon to continue the general debate under agenda item nine on racism, racial discrimination, xenophobia and related forms of intolerance, follow-up and implementation of the Durban Declaration and Programme of Action.
Interactive Dialogue with the Working Group of Experts on People of African Descent
The Chair of the Working Group of Experts on People of African Descent presented the Working Group’s reports in the previous meeting and a summary can be found here.
Statements by Countries Concerned
Australia, speaking as a country concerned, said Australia was committed to addressing and eliminating racial discrimination in all its forms, wherever it occurred. Australia acknowledged that despite its strong commitment to multiculturalism, racism, including against people of African descent, remained. In line with the Working Group’s recommendation to resource the national human rights institution, in 2022, the Australian Government provided funding of $7.5 million over four years to the Australian Human Rights Commission to develop a National Anti-Racism Strategy, providing a coordinated, shared vision to address racism and promote racial equality in Australia. In 2022, the Australian Government also announced the Multicultural Framework Review. Australia regretted the limited time in the Working Group’s programme, and noted that this may have led to some misunderstandings. For example, some of the report’s assertions appeared to be based on discussions with only one or a small number of individuals, and did not represent the broader situation in Australia. It was also regretful that some of Australia’s factual corrections and queries were not fully taken into account by the Working Group in the final report.
United Kingdom, speaking as a country concerned, said the United Kingdom was hugely proud of the modern and diverse country it had become: a successful multinational, multi-ethnic and multi-faith State, where every citizen, regardless of background, enjoyed their rights. Persons of African descent had and continued to make enormous contributions to the society. The United Kingdom continued to take racism and racial discrimination very seriously, and was pleased that the Working Group recognised the United Kingdom’s work, including its pioneering use of data, which the Working Group recognised as best practice. However, it regretted that the Working Group did not recognise the nuanced drivers of racial disparities in the United Kingdom, nor the differences in outcomes between different ethnic groups, coming to the incorrect conclusion that racism was always the driver of poorer outcomes. The United Kingdom was delivering 74 actions to close gaps between ethnic groups, and to create unity and a fairer Britain for all its citizens. The United Kingdom would prefer to be given more time to consider reports by the Special Procedures in future, as it had not had time to submit a written response.
Discussion
In the discussion, a number of speakers welcomed the report of the Working Group of Experts on People of African Descent, which contributed to assist stakeholders in implementing the programme of activities of the International Decade for People of African Descent. Speakers appreciated the Working Group’s focus on the economic empowerment of people of African descent. They noted the significant contribution the Working Group had made during its 20 years of activity in drawing attention to the obstacles to the full realisation of the rights and freedoms of people of African descent, including the right to development. One of the important achievements of the Working Group was the shift in international human rights discourse in recent years towards the recognition that manifestations of racism and racial discrimination were systemic and structural. The mandate of the Working Group was essential.
Some speakers noted the report’s findings on the negative impact on Africa’s development, due to the current skewed global economic and financial architecture, which was an obsolete, hierarchical system, favouring the policy priorities of donor countries over the needs and potential of recipient countries. It was also extremely regretful that police brutality, mass incarceration, marginalisation, race-based violence, economic deprivation, poverty, migratory discrimination and other phenomena continued to mark the lives of Afro-descendant populations. Speakers also shared the Working Group’s concerns about the disproportionately low rates of access to high-quality education and health care, and the over-representation of children of African descent in the juvenile justice system.
Some speakers said the serious problems which had a negative impact on the lives and opportunities of people of African descent were institutionalised, fuelled by deep-rooted prejudices and negative stereotypes, formed during the period of colonialism and the exploitation of Africa's wealth and resources by certain countries. One speaker said the United States and other Western countries continued with colonial ideas and hegemony to this day, through the manipulation of financial institutions, which pushed countries with Afro-descendants into heavier debt with higher borrowing costs. This seriously hampered Afro-descendants enjoyment of economic, social and cultural rights and interfered with their right to development. These Western countries needed to address racism at home, and improve the living and economic conditions of Afro-descendants so that they could enjoy their basic human rights.
A number of speakers supported the call for the dismantling and restructuring of systems and institutions that had entrenched economic inequality and discrimination. Some speakers also supported the call for reparations and the return of ill-gotten artefacts, which went far beyond financial compensation. Speakers also reiterated their commitment to the International Decade for People of African Descent and called upon all States to consider declaring a second Decade.
Some speakers said they were firmly committed to combatting and preventing racism and racial discrimination, particularly through the effective implementation of the Durban Declaration and Programme of Action and its mechanisms. The international community needed to increase efforts on the elaboration of the declaration on the promotion and full respect of the human rights of people of African descent, and take concrete measures on renegotiating priorities towards a more equitable and just system for people of African descent. Political will was required to address historical harms and promote equality and development for all.
Speakers asked the Working Group to elaborate on the impact of the global digital divide on the economic opportunities for people of African descent. Could best practices be shared for combatting racism and racial discrimination in employment? How could digital equality be integrated into a second International Decade for People of African Descent?
Concluding Remarks
BARBARA G. REYNOLDS, Chair of the Working Group of Experts on People of African Descent, said digitalisation, the fifth industrial revolution, built on the gains and ills of the previous four revolutions, which had left people of African descent cumulatively behind, economically and socially. Digitalisation had a far greater effect than the previous four: there must be greater scrutiny into all aspects of digitalisation. The data and evidence were clear in every report, whether of mandate holders, of countries through their Universal Periodic Review reports and other reports, and in academic research. Beyond recognition in constitutions and legislation, what was needed now was increased visibility and active and meaningful participation in all spheres of civil, political, economic and cultural life in every country through investment in policies, positive programmes, and repaired structures and systems in an environment that protected activists and persons of African descent. The major global instruments were essential. There must be a second International Decade for People of African Descent. There must be discourse, discussion and dialogue on reparatory justice between those who had been enslaved and those who enslaved persons of African descent. There must be full implementation of the Durban Declaration and Programme of Action.
Interactive Dialogue with the Permanent Forum on People of African Descent
Report
The Council has before it the report of the Permanent Forum on People of African Descent on its first and second sessions (A/HRC/54/68).
Presentation of Report
EPSY CAMPBELL BARR, Chair of the Permanent Forum on People of African Descent, presented the first annual report of the Forum, which provided an overview of its first two sessions. In December 2022, the inaugural session of the Permanent Forum was held in Geneva. Intense discussions took place on crucial issues such as systemic racism, climate justice, restorative justice, and the pursuit of equality for all people of African descent. The second session of the Permanent Forum took place in May at the United Nations headquarters in New York. With more than 1,600 participants and more than 100 side events organised throughout the two sessions, the high level of global interest in the Permanent Forum on People of African Descent made it the largest platform for people of African descent at the United Nations. This recognition underscored the urgency and importance of addressing the problems facing people of African descent on a global scale.
The Permanent Forum stressed the paramount importance of formulating a United Nations declaration on the promotion, protection and full respect for the human rights of people of African descent, which would serve both to recognise and effectively address systemic and structural forms of racial discrimination, and to actively safeguard and promote the human rights of people of African descent. The Permanent Forum was fully committed to conducting broad and comprehensive consultations with civil society and other stakeholders and urged Member States to attach greater importance to allowing the Permanent Forum to organise these regional consultations.
Despite the efforts made by some countries to combat racism, racial discrimination, xenophobia and related intolerance faced by people of African descent, the Permanent Forum remained deeply concerned that people of African descent continued to face systemic racism and racial discrimination. During the two sessions, halting and reversing the lasting consequences of slavery, colonialism, genocide and apartheid were seen as critical to addressing systemic and structural racism against people of African descent. Reparation was a cornerstone of justice and without it, there could be no effective sustainable development agenda.
The Permanent Forum recommended that the United Nations seek the assistance of the International Law Commission in conducting a comprehensive study on the issue of reparations for people of African descent. It also recommended the creation of an independent international commission of inquiry on restorative justice for Haiti, among other measures. The Forum recommended the adoption of programmes and policies for people of African descent responsible for ensuring universal health coverage, and to address health disparities and inter-generational and trans-generational trauma caused by colonialism, slavery and apartheid. It was concerning that despite the broad mandate given to the Permanent Forum, it had not been adequately resourced, and Ms. Campbell Barr called upon Member States for support. As an advisory body to the Human Rights Council, the Permanent Forum was ready to support the Council in its efforts to fulfil the rights of everyone, including people of African descent.
Discussion
In the discussion, many speakers reaffirmed their strong commitment to the fight against racism, racial discrimination, xenophobia and related forms of intolerance and once again condemned racism in all its forms and manifestations, whether perceived or actual. Persons of African descent continued to face multiple and intersecting forms of discrimination in their lives due to systemic and structural racism. The full and effective inclusion of all persons of African descent in their societies without discrimination of any kind must be a priority for all. Speakers agreed that there was a need to show more political will and to accelerate the pace of action.
It was essential to tackle the structural causes of racism, which made millions more vulnerable to climate change, and excluded them from forms of employment. Colonialism, slavery, and the Atlantic slave trade were part of the darkest moments of human history, and had had lasting effects today, with millions, including persons of African descent, Muslims, and many other groups continuing to suffer from discrimination.
The asymmetries of human development and inequalities must be corrected in a systemic way, as racism was a colonial legacy that underpinned all societies today. All countries had a long way to go to eradicate racism and racial discrimination: the fight required a global response, and international cooperation was key in this regard. Anti-racism education was essential, as was a sharing of best practices in such education.
True progress, prosperity and sustainability for all could only be achieved when the world jointly addressed systemic and structural racism, and other legacies from slavery and the transatlantic slave trade. Injustice could not be remedied without accountability for past injustices, which created the foundation for the persistent inequalities affecting people of African descent. Some speakers called for the international recognition of reparatory justice as a necessary path to complete restoration of the dignity and progress of people of African descent.
Some speakers said the Permanent Forum was not only meant to be a consultative mechanism for people of African descent and other relevant stakeholders, but also an advisory body to the Human Rights Council. It could not be understated how significant the work of the Permanent Forum was in highlighting the structural inequalities that people of African descent faced. The Forum acted as a means to educate, brainstorm and share experiences with the purpose of finding solutions to combat systemic inequalities and stay true to allowing every human being, including those of African descent, the full enjoyment of human rights.
Several speakers urged States and the United Nations to find adequate solutions, wherever possible, to provide much needed support to the voice and the work of the Permanent Forum on People of African Descent. States should redouble efforts to eliminate racism and fully implement the International Convention on the Elimination of Racial Discrimination and the Durban Declaration and Programme of Action. It was vital to tackle and fight the numerous forms of discrimination still faced by persons of African descent.
Some speakers reiterated their commitment to the development of a declaration on the rights of persons of African descent, urging regional consultations be held with African descent communities. The engagement of civil society in this initiative was vital and it must be involved. The future that the world dreamed of was well within reach.
Concluding Remarks
EPSY CAMPBELL BARR, Chair of the Permanent Forum on People of African Descent, said on best practice, the creation of guides and education would be measures which moved ahead. Gender issues needed to be streamlined. There needed to be a specific reference and commitment to women in the declaration, which needed to be drafted from a gender perspective. There also needed to be a reassertion of support for the Permanent Forum as a space where discussions could be held with States and civil society. The Forum was available to work alongside States, civil society and all interested parties, with a view of guaranteeing that the rights of people of African descent could be upheld. The third session would be held in April 2024 in Geneva.
Presentation by the Ad Hoc Committee on the Elaboration of Complementary Standards to the International Convention on the Elimination of All Forms of Racial Discrimination
Report
The Council has before it the report by the Ad Hoc Committee on the Elaboration of Complementary Standards to the International Convention on the Elimination of All Forms of Racial Discrimination on its thirteenth session (A/HRC/54/65).
Presentation of Report
KADRA AHMED HASSAN, Permanent Representative of Djibouti to the United Nations Office at Geneva and Chairperson of the Ad Hoc Committee on the Elaboration of Complementary Standards to the International Convention on the Elimination of All Forms of Racial Discrimination, presenting the report of the Ad Hoc Committee, said the thirteenth session took place from 22 May to 2 June 2023, with the participation of delegations, civil society representatives and legal experts. The Ad Hoc Committee discussed issues pertaining to terminology and the elements requiring legal definition in order to criminalise acts of a racist and xenophobic nature, either at the national, regional or international level, as well as the structure and scope of a legal document aimed at criminalising acts of a racist and xenophobic nature. The Committee also exchanged views following a presentation on the “Procedural aspects of an additional protocol to the International Convention on the Elimination of Racial Discrimination: the context of public international law."
The Ad Hoc Committee considered the Chairperson’s draft document on the commencement of the negotiations on the draft additional protocol to the Convention on “criminalising acts of a racist and xenophobic nature”, adopted during the tenth session. Based on this thirteenth session, the Committee was beginning to undertake a structured and focused consideration of the possible substance of the complementary standards. The work of the Ad Hoc Committee on the Elaboration of Complementary Standards was not merely to agree on new standards, but ultimately to think of ways to strengthen the protection of all persons from the scourges of racism, racial discrimination, xenophobia and related intolerance, as was articulated in the Durban Programme of Action.
In light of contemporary manifestations, the Ad Hoc Committee must increase its efforts to strengthen the protection of the increasing numbers of victims of racism and racial discrimination everywhere. This included addressing protection gaps in the international norms and standards, through the elaboration of an additional protocol to the International Convention on the Elimination of All Forms of Racial Discrimination. Furthermore, the work on the additional protocol should always strengthen, and in no way weaken or diminish, the existing provisions of the Convention.
Ms. Ahmed Hassan was very heartened that representatives of Permanent Missions and civil society were continuing to cooperate and contribute in a productive manner in the Ad Hoc Committee. She was appreciative of the constructive approach and willingness to compromise demonstrated during the thirteenth session, and expressed the hope that the work of the Ad Hoc Committee continued to progress and that all would remain actively engaged in this important process to address contemporary racism, racial discrimination, xenophobia and related intolerance everywhere.
General Debate on Agenda Item Nine on Racism, Racial Discrimination, Xenophobia, and Related Forms of Intolerance, Follow-Up to and Implementation of the Durban Declaration and Programme of Action
Some speakers said that in a diverse world, represented by the diverse Council, freedom of religion or belief was one of the fundamental rights and principles. However, anti-Semitism, racism, and all forms of intolerance and discrimination undermined human rights and the rule of law, and threatened the basic fabric of societies. They posed constant and serious challenges to the dignity of every person. Many speakers reaffirmed the importance of combatting racism, racial discrimination, xenophobia and related intolerance in all its forms and manifestations. They thanked Ambassador Kadra Hassan for her report on its thirteenth session, and renewed support for the Ad Hoc Committee’s mandate.
Various forms of anti-Semitism, including Holocaust denial and distortion, were on the rise throughout the world, some speakers said. Despite multiple efforts made by governments, international organizations and sporting bodies, anti-Semitic incidents in stadiums, among fan groups or on social media continued to be a serious problem that affected the reputation of sport. Speakers reiterated their commitment to combat anti-Semitism and all forms of racism, intolerance, prejudice and discrimination, through all channels, including in sport.
Some speakers said that alarming trends of religiously motivated hatred, including public and deliberate burning of the Holy Quran, and the inadequate response by States, meant the mandate had become even more relevant. The recurrent instances of desecration of the Holy Quran, ban on wearing facial veils, misuse of national security measures, and stigmatisation of Muslim and African migrant communities were ugly manifestations of contemporary forms of racism. Speakers unequivocally condemned the practice of insulting Islam, Christianity, Judaism and any other religion, including desecrating sacred books and religious places.
Some speakers noted that with the advent of artificial intelligence, disinformation was likely to cause even more social harm. The growing torrent of disinformation needed to be countered effectively in line with international human rights principles, norms and laws. There needed to be a responsible exercise of the right to freedom of expression, as well as enhanced digital literacy.
A number of speakers called on the international community to take meaningful legislative and administrative steps to prevent the growing plague of racism in all its contemporary forms and manifestations. All States should implement the Durban Declaration and Programme of Action, and commit to the fight against racism, racial discrimination, xenophobia and related forms of intolerance. One speaker said the time was not ripe for the Ad Hoc Committee to start formal negotiations on a draft protocol criminalising acts of a racist and xenophobic nature and further clarity would have to be provided first.
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HRC23.142E