30/56 Report of the Working Group of Experts on People of African Descent on its fifteenth and sixteenth sessions

Human Rights Council Thirtieth session

Agenda item 9

Racism, racial discrimination, xenophobia and related

forms of intolerance, follow-up and implementation of

the Durban Declaration and Programme of Action

Report of the Working Group of Experts on People of African Descent on its fifteenth and sixteenth sessions

(Geneva, 31 March–4 April 2015)

Chair-Rapporteur: Mireille Fanon Mendès-France

Summary

The present report mainly focuses on deliberations of the sixteenth session of the

Working Group on the theme of “Development and people of African descent”. The

Working Group engaged in internal discussions during its fifteenth session. At its sixteenth

session, it acknowledged the linkages between underdevelopment and racism, racial

discrimination, xenophobia and related intolerance faced by people of African descent. The

Working Group urged States to establish programmes based on the participation of people

of African descent aimed at improving their economic and social conditions. It also

reiterated its recommendation to devote special attention to the needs of people of African

descent through, inter alia, the preparation of specific programmes of action for the

implementation of the programme of activities for the International Decade for People of

African Descent.

 Annex II of the present report is reproduced as received, in the language of submission only.

I. Introduction

1. The Working Group of Experts on People of African Descent held its fifteenth

session from 17 to 21 November 2014 and its sixteenth session from 30 March to 2 April

2015 at the United Nations Office at Geneva. The fifteenth session was attended by the

Chair of the Working Group, Mireille Fanon Mendès-France, Verene Shepherd and Sabelo

Gumedze (appointed on 27 June 2014), as the formal appointment of two new members

(Michal Balcerzak and Ricardo A. Sunga III) was still pending at the time. The sixteenth

session was attended by all members of the Working Group, including the two new

members. The present report is submitted in accordance with Human Rights Council

resolutions 9/14, 18/28 and 27/25, in which the Working Group was requested to submit an

annual report to the Council on all activities relating to its mandate.

2. Representatives of Member States, the Holy See, international organizations,

regional organizations, non-governmental organizations (NGOs) and invited panellists

participated in the session of the Working Group (see annex II).

II. Organization of the sixteenth session

A. Opening of the session

3. Ms. Fanon Mendès-France opened the session and welcomed all participants. In

particular she welcomed the three new members of the Working Group, Mr. Gumedze,

Mr. Balcerzak and Mr. Sunga.

4. The Chief of the Anti-Racial Discrimination Section of the Office of the United

Nations High Commissioner for Human Rights (OHCHR), Yury Boychenko, delivered the

opening statement of the session, and informed the meeting that the High Commissioner

would deliver his statement to the session on 1 April 2015. In his opening statement, Mr.

Boychenko highlighted the important role of the Working Group in bringing focus to the

multiple challenges faced by people of African descent in the enjoyment of the right to

development, and in submitting important recommendations for States Members of the

United Nations and civil society at large on ways to address the protection of their human

rights.

B. Election of the Chair-Rapporteur

5. Ms. Fanon Mendès-France was re-elected Chair-Rapporteur of the Working Group.

The Chair thanked the other members of the Working Group and the participants for their

support and added that the Working Group would continue to strive to strengthen the

mandate that had been entrusted to it.

C. Organization of work

6. The Working Group adopted the agenda (see annex I) and programme of work.

III. Update and briefings on activities undertaken by the Working Group in the past year

7. Under item 5 of the agenda, Ms. Fanon Mendès-France informed participants that on

3 November 2014 she had attended a meeting of the Third Committee of the General

Assembly in New York and presented the activities of the Working Group, including an

overview of discussions and conclusions from its annual meetings, findings from country

fact-finding visits, action taken under the communication procedure and work relating to

the International Decade for People of African Descent. An interactive dialogue at the end

of her presentation had received broad support from members of the Committee for the

work of the Working Group.

8. Ms. Fanon Mendès-France also briefed the participants of the sixteenth session on

the fifteenth session of the Working Group, which was an internal meeting at which

members had reviewed the Working Group’s methods of work, prepared its upcoming

session, communications and country visits and held meetings with various stakeholders

and OHCHR units. The Working Group had agreed that it was important to identify its role

in relation to the International Decade for People of African Descent and to communicate

with the High Commissioner to seek clarity on the issue, including its participation in the

Forum for People of African Descent. It had also decided to undertake follow-up visits five

years after its previous visit to a country. It further decided to undertake a thematic study on

racial stereotyping. Finally it decided to explore ways to increase collaboration with the

Committee on the Elimination of Racial Discrimination.

9. The Chair-Rapporteur briefed participants on the country visits of the Working

Group to the Netherlands (26 June–4 July 2014) and Sweden (1–5 December 2014). At the

end of the visits, the Working Group had released press statements, which were available

on the OHCHR website.1 The Chair thanked the Governments of the Netherlands and

Sweden for their invitation and assistance before, during and after the visits. The Chair also

thanked the representatives of NGOs and the people of African descent with whom the

Working Group had met during the visits and informed participants that reports of the

missions would be submitted to the Human Rights Council at its thirtieth session and made

publicly available on the website.

10. Ms. Shepherd informed participants that, on behalf of the Working Group, she had

presented two reports to the Human Rights Council during its twenty-seventh session: the

report on the country visit to Brazil from 4 to 14 December 2013, and the report on the

fourteenth session of the Working Group. She mentioned that the report on the fourteenth

session of the Working Group had generated much discussion in relation to access to justice

for people of African descent. At the invitation of the President of the General Assembly,

Ms. Shepherd had delivered the keynote address on the occasion of the commemoration of

the International Day for the Elimination of Racial Discrimination at the United Nations in

New York on 20 March 2015. The theme for the commemorative event was “Learning

from historical tragedies to combat racial discrimination today”. On the International Day

of Remembrance of the Victims of Slavery and the Transatlantic Slave Trade on 25 March

2015, Ms. Shepherd had participated in the unveiling of the memorial entitled the “Ark of

Return” at the United Nations in New York.

11. The Chair had participated in the sixth session of the Ad Hoc Committee of the

Human Rights Council on the Elaboration of Complementary Standards to the International

1 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14840&LangID=E and

www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15388&LangID=E.

Convention on the Elimination of All Forms of Racial Discrimination on 8 October 2014.

In addition to those activities Ms. Fanon Mendès-France and Ms. Shepherd had participated

in the official launch of the International Decade for People of African Descent (2015–

2024) at the General Assembly on 10 December 2014.

IV. Summary of deliberations

Thematic analysis: development and people of African descent

12. The Working Group devoted its sixteenth session to the third pillar of the theme of

the International Decade for People of African Descent, development.

13. Lawrence Juma, Professor and Deputy Dean, Faculty of Law, Rhodes University,

South Africa, delivered the keynote presentation on the topic “Right to development and

people of African descent: prospects and challenges”. He began by stating that the

International Decade for People of African Descent presented an opportunity to take stock

of efforts that had been made up till then in the uplifting of the conditions of people of

African descent and to make recommendations for the future. Mr. Juma delved into the

nature of the right to development, asserting that the contentious nature of that right, owing

to unresolved implementation challenges, should not obscure the overall benefits of it. Mr.

Juma then outlined what development and the right to development should mean for people

of African descent, drawing on experiences from Africa, the Americas and Europe. He

proposed that the implementation of the right to development and a rights-based approach

might provide some avenue for redressing the development needs of marginalized

communities. He concluded by identifying areas that would maximize the benefits of a

rights-based approach to development, such as increasing participation, normative

interventions, the use of special measures and international collaboration.

14. An interactive discussion followed the presentation in which members of the

Working Group and participants in the session engaged with Mr. Juma, who responded to

questions and comments by further expanding on issues such as the justiciability of the

right to development, providing further avenues for participatory processes in realizing the

right to development and awareness-raising. The Permanent Representative of Brazil

thanked the Working Group and the keynote speaker for the presentation, and stated that

genuine equality in development was fundamental for the eradication of racism. She added

that the International Decade for People of African Descent provided an important

opportunity to raise more awareness of the rights of people of African descent.

15. The first panel discussion of the session centred on the legal framework, the right to

development and people of African descent. Shyami Puvimanasinghe, Human Rights

Officer, Right to Development Section of OHCHR, presented a historical overview of the

concept of the right to development and the international legal framework with a focus on

the Declaration on the Right to Development. She also presented the new development

paradigm based on the sustainable development agenda and its goals, the climate summit

and development, and financing for development. She emphasized the need for

international solidarity to realize the right to development for all people.

16. Ms. Fanon Mendès-France made a presentation, entitled “Law and development”.

Drawing from examples from around the world, she described the challenges in the

realization of the right to development by people of African descent, including the denial of

the right to human dignity. Despite the developments observed in standard-setting

throughout the past decades, people of African descent continued to be discriminated

against, inter alia, in various social sectors and in the criminal justice sector. Development

must be applied to uplift millions of African descendants and Africans, who had been

perceived only through the devaluing prism of race and racial discrimination.

17. Patrice Tacita, a lawyer and poet belonging to the group Liyannaj Kont Pwofitasyon

from Guadeloupe, lectured on “History, justice and development: the Kalinas’s land case”.

He provided an overview of the case, which entailed the appropriation of land in Daubin, in

the municipality of Sainte-Rose in Guadeloupe, by descendants of slave owners. Mr. Tacita

informed the session that the Kalina people, who were people of African descent, had been

dispossessed of their ancestral lands during the enslavement and since that time had been

unable to reclaim their land owing to lack of recognition of the Kalina people as a distinct

group of African descent with their own culture and tradition, as well as to discrimination

in the administration of justice. He suggested that a legal approach to addressing the land

issue in Guadeloupe was the way to restore what had been destroyed by enslavement

followed by colonialism. He expressed hope that the Working Group would consider the

case of the Kalina people in their struggle for the return of their dispossessed land.

18. The Director of the Regional Centre for Latin America and the Caribbean of the

United Nations Development Programme (UNDP), Rebeca Arias, made a statement on

video on “The state of development of people of African descent in Latin America and the

Caribbean region”. She stated that people of African descent in the region reflected a higher

incidence of poverty, unemployment, low levels of schooling and worse health and housing

problems along with the racial discrimination and lack of representation and participation

faced by people of African descent. UNDP focused on prioritizing efforts to eliminate

poverty and overcome inequality and exclusion in the region. The lack of participation of

women of African descent in decision-making positions was a key challenge in addressing

inequality in the region. Ms. Arias recommended promoting affirmative action policies and

international cooperation as important ways to promote and protect the rights of people of

African descent in the region.

19. During the interactive discussion a number of participants asked the panellists

questions relating to the implementation of the right to development and sought more

information on the Kalina people from Mr. Tacita.

20. The second panel discussion focused on the specific needs and experiences of

people of African descent in the areas of education, housing, health and employment. Mr.

Balcerzak, member of the Working Group, presented the topic, “Towards more effective

implementation of economic, social and cultural rights of people of African descent:

challenges and perspectives”. He laid emphasis on the areas of education, employment,

health and housing in the programme of activities of the International Decade for People of

African Descent and suggested the inclusion of cultural rights as part and parcel of a human

rights approach to development. He also emphasized fostering recognition of human rights

among societies through education. There was an important need for more engagement with

the Committee on Economic, Social and Cultural Rights. Mr. Balcerzak highlighted the

importance of the Optional Protocol to the International Covenant on Economic, Social and

Cultural Rights, which introduced the individual complaint mechanism in relation to the

rights enshrined in the Covenant. He expressed hope that in the framework of the Decade

the Working Group would have an opportunity to encourage regional organizations to take

more interest in the economic and social rights of people of African descent.

21. Rebekah Thomas of the World Health Organization delivered a statement on the

topic, “Ethnicity and health: Afro-descendant population in the region of the Americas”.

Ms. Thomas pointed out that communicable diseases, such as HIV/AIDS, sexually

transmitted infections or tuberculosis, continued to be an important cause of morbidity and

mortality among people of African descent in the Americas, chronic degenerative diseases,

such as cardiovascular disease and cancers, were on the rise — together with urban health

problems (external causes such as violence, suicides and accidents; alcoholism and drug

dependency; pollution, deterioration and destruction of the environment). Women of

African descent found that their situation had worsened because of discrimination and that

they suffered by virtue of their ethnicity. Ms. Thomas further highlighted ongoing strategies

aimed at reducing health inequities, including through targeted work at the inter-agency and

country level, by focusing on tuberculosis, other communicable diseases and mental health,

as well as on various awareness-raising activities.

22. Lisa Wong of the International Labour Organization (ILO) presented a paper on the

topic “People of African descent and the labour market: limited progress”. She stated that

the elimination of discrimination in employment occupation and the promotion of equality

of opportunities had been at the core of the work of ILO. However, discrimination based on

race continued to affect millions of workers worldwide. She pointed out the multiple forms

of discrimination faced by women of African descent, such as the combined effects of the

economic crisis, renewed debates about multiculturalism in society, plus the resurgence of

intolerance and xenophobic sentiment in many parts of the world. Wage discrimination and

racial stereotypes in workplaces, limited access to formal education and vocational training

were mentioned as some of the major challenges Enactment and enforcement of legislation

prohibiting and preventing discrimination at work, promotion of equal opportunities at

work, education, training and awareness, were some of the important means of tackling the

challenge, in which ILO was actively engaged. She also provided a number of examples

from various countries in that regard.

23. Mr. Gumedze, member of the Working Group, delivered a presentation on the topic

“The effects of racial discrimination on development in Africa”. Mr. Gumedze asserted that

racial discrimination negated development and impeded the enjoyment of the right to

development in Africa. He stated that the legacy of apartheid in South Africa, racial

discrimination in Madagascar and Tunisia, the genocide in Rwanda as a result of

discrimination on grounds of ethnicity, modern slavery in Mauritania and the Sudan and the

prevalence of discrimination against people with albinism in Africa provided several

indicative examples of racial discrimination in Africa. He recommended that the Working

Group focus on those issues, which adversely affected the development of the continent.

24. During the interactive debate following the panel discussion, a number of

participants commented and asked the panellists questions on the respective presentations.

Ms. Fanon Mendès-France asked the presenters about the barriers to quality education.

Ms. Shepherd commented that it was essential that development should not only be looked

at from an economic perspective, its linkages to culture were equally important.

Mr. Guzmedze commented on the importance of cultural education, while Mr. Sunga

requested further information on culturally appropriate health services. In response,

Mr. Balcerzak pointed out that it was essential to look into education systems that promoted

scholarships and included issues relating to the history and culture of people of African

descent, as ways to address barriers to education. Ms. Thomas responded that the

participation of people of African descent and the principle of accessible, affordable and

acceptable health services were important elements in ensuring culturally appropriate health

services. The representative of Uruguay requested further information on the impact of

quotas, to which Ms. Wong responded that there was very little information available on

the evaluation of the impact of the different quotas that had been put in place at the national

level.

25. The third panel of the session focused on the International Decade for People of

African Descent. The Chair of the Ad Hoc Committee on the Elaboration of

Complementary Standards and Ambassador of South Africa, Abdul Samad Minty,

delivered his statement. He stated that most people of African descent continued to live in

conditions of extreme poverty exacerbated by the current economic and financial crises,

which were cascading effects of the slave trade, the transatlantic slave trade, enslavement

and colonialism. He said that, despite all existing mechanisms, racism continued to rise;

more aggressive manifestations of racism currently needed stronger measures and, in that

connection, he gave a few examples of the prevalence of racism in sports, in the statements

of politicians, in the treatment of migrants and in the media, among other areas. The

Decade provided an important opportunity to focus genuinely on the plight of victims and

on unconditional respect for human dignity. The Ad Hoc Committee would appreciate

receiving meaningful contributions on those issues from the Working Group.

26. Jacques Martial, actor and president of the Établissement public du parc et de la

grande halle de la Villette in Paris, delivered his presentation on “The dialogue de

citadelles project, culture and its linkages to the International Decade”. He said that the

International Decade for People of African Descent provided an important framework for

stressing the historical, geographical and multicultural aspects of people of African descent

as exemplified by the dialogue de citadelles project. The project was aimed at highlighting

the shared history of slavery and colonialism of the Caribbean as well as the contribution of

people of African descent in the Caribbean to world culture. In particular, the project

disseminated art and creation of the Caribbean through exhibitions, cultural events,

performance arts and intercultural dialogue, with a view not only to raise awareness about

the richness of the culture and history of the region, but also to allow different countries in

the region to share their experiences among themselves.

27. Ms. Shepherd delivered a presentation on “Reparation and the right to

development”. She established the linkages between justice and development by drawing

upon the salient observations and recommendations of the Durban Declaration and

Programme of Action and the programme of activities of the International Decade for

People of African Descent. She referred to the need for States to repair the damage done by

the transatlantic trade in captured Africans, enslavement and colonialism. She also referred

to the destruction of African communities, the capture and forced relocation of Africans to

the Americas, the African Maafa, inhumane treatment during enslavement, post-slavery

racial apartheid and suppression of anti-colonial struggles, as violations committed against

people of African descent. She further emphasized the fact that poverty was a consequence

of colonialism and had always been tied to its discriminatory practices and legacies. Ms.

Shepherd introduced the Caribbean Community’s Ten Point Action Plan for reparatory

justice and elaborated in particular on the relevance of technology transfer which would

serve to address historical tragedies and development. She pointed out that it was important

to engage in psychological rehabilitation and reclaim dignity and pride through “concerted

efforts of racial affirmation”, as espoused by the poet Aimé Césaire.

28. Following the presentations, representatives of Brazil, Colombia, Mexico, Tunisia

and the Bolivarian Republic of Venezuela and several NGO representatives spoke about

their respective plans and programmes in implementing the International Decade for People

of African Descent at the national level and at the local level, respectively.

29. The United Nations High Commissioner for Human Rights delivered his statement

to the session on 1 April 2015. He said that he was honoured that the General Assembly

had appointed him as Coordinator of the International Decade for People of African

Descent. In that context, he underlined that the conclusions and recommendations resulting

from the session on the theme of “Development and people of African descent” would be

valuable inputs for the implementation of the programme of activities for the Decade.

30. The High Commissioner pointed out that, despite economic growth, an intolerable

number of people of African descent continued to be burdened by underdevelopment.

People of African descent faced discrimination in their access to fundamental services,

including education, health care and basic resources. Even systems for law enforcement and

justice — the very systems that should ensure fairness and protect all individuals — were

often skewed against people of African descent, who were massively and unfairly

overrepresented in prisons around the globe. More recently, there had been growing and

vicious manifestations of racism, Afrophobia and xenophobia in many countries.

31. The High Commissioner also noted the importance of recommendations emanating

from the Working Group, which had frequently highlighted many severe developmental

challenges faced by people of African descent, including the prevalence of multiple,

aggravated or intersecting forms of discrimination, adding to the burden of racial prejudice

discrimination on other grounds, such as sex, language, religion, political or other opinion,

social origin, property, birth, disability or other status. He noted with appreciation the

Working Group’s joining hands with the Committee on the Elimination of Racial

Discrimination to discuss the fight against racial discrimination faced by people of African

descent on the occasion of the fiftieth anniversary of the adoption of the International

Convention on the Elimination of All Forms of Racial Discrimination. The High

Commissioner expressed the deep commitment of his Office in supporting efforts that

helped to end racial discrimination against people of African descent and in realizing the

rights of people of African descent.

32. Following the statement of the High Commissioner, the fourth panel of the session

was held to commemorate the fiftieth anniversary of the adoption of the International

Convention on the Elimination of All Forms of Racial Discrimination. The first speaker on

the panel, Pastor Murillo Martínez, member of the Committee on the Elimination of Racial

Discrimination and focal point on people of African descent, discussed the prevalence of a

number of myths about cultural freedom and development. Those myths had been used to

justify the false dichotomy of development or diversity, which had allowed the construction

of an economic enterprise the size of the transatlantic slave trade and slavery in the

Americas, which he claimed was still alive in many societies and had tangible

consequences with regard to racism and racial discrimination, and limited development

opportunities for social groups such as those of African descent. The Committee had

exerted itself as a catalyst for preventing current and potential tensions, by periodically

enabling a kind of intercultural dialogue within countries through its examination of

Member States and their adherence to the Convention. He also delved into the application

of general recommendation No. 34 (2011) on racial discrimination against people of

African descent and the multifarious development challenges faced by people of African

descent globally, which required global solutions.

33. Glenn Payot from Minority Rights Group International presented the work of the

Group, an international NGO working to secure the rights of ethnic, religious and linguistic

minorities and indigenous peoples in different parts of the world. He gave examples of its

work in relation to Dominicans of Haitian descent in the Dominican Republic, who faced

risks of statelessness; issues of violence and discrimination against black communities in

Eastern Europe and people of African descent in India; awareness-raising programmes

undertaken by Nubian groups in Egypt; and efforts to document the situation of black

communities in Iraq and Yemen. He highlighted the importance of the Committee on the

Elimination of Racial Discrimination in the Group’s work in the above-mentioned

countries, and added that the Committee offered unique opportunities to address specific

issues in great detail with relevant recommendations and to engage in discussions with a

State on the details of its legislation, its policies and practices. The mandate of the

Committee allowed it to focus on the most vulnerable segments of society, even when they

were small in number. In the context of development and people of African descent, key

challenges that remained were the lack of recognition, including the lack of data and

statistics, the systemic and structural nature of underdevelopment and the need for

collective action by rights holders to claim their rights.

34. Mr. Sunga, member of the Working Group, delivered a presentation on “Reflections

on the African diaspora in Asia”. He provided an overview of the range of obstacles to

development faced by African asylum seekers in Australia, Indonesia and Malaysia, and

people of African descent in Japan. Mr. Sunga gave a number of examples as to how the

rights to health, education, housing and employment in the above-mentioned countries were

being compromised, or were at risk of being violated. Given the diversity of the continent

of Asia, Mr. Sunga said that States in Asia, in spite of their own struggles with a colonial

past and the experiences of their own nationals as asylum seekers and migrants, had shown

different levels of limited understanding of the African diaspora in Asia. He emphasized the

need to surface the truth about racism in that region, and recommended positive measures

and awareness-raising in the different sectors to remove obstacles to the development of

people of African descent, including appropriate steps to remedy violations of their rights.

35. During the interactive session, a number of representatives of Member States and

NGOs participated in the discussion. In particular, Ms. Fanon Mendès-France raised the

issue of increasing further collaboration with the Committee on the Elimination of Racial

Discrimination. She also spoke of the situation of the Jarawa people in India, while

Ms. Shepherd mentioned the situation of people of African descent in the Philippines, about

which Mr. Sunga provided additional information. The respective presenters responded

with further information on the issues raised.

36. The fifth and final panel discussion of the session focused on gender, African

descent and development. The first speaker was Biancamaria Pomeranzi, member of the

Committee on the Elimination of Discrimination against Women and focal point on

development, who presented the topic of “Twenty years after Beijing: the role of the

Committee on the Elimination of Discrimination against Women in assessing the impact of

the Beijing Platform for Action on women of African descent”. Ms. Pomeranzi said that the

Beijing Platform acknowledged that gender subordination might be informed and

heightened by race discrimination, xenophobia and other experiences and, because racial

discrimination might exist or had intensified owing to its intersection with gender, attempts

to address the persistence of racism required incorporating a gender analysis on the concept

of interdependence especially within the context of anti-discrimination law, treaties and

treaty bodies. She explained how general recommendations of the Committee on the

Elimination of Racial Discrimination and the Committee on the Elimination of

Discrimination against Women sought to call upon State parties to report on discrimination

at the intersection of race and gender, offering a guide to constructive dialogue with State

parties in order to eliminate specific forms of violence and discrimination faced by women

of African descent, and to concretize the interdependence and intersectionality of human

rights of women of African descendent.

37. The Secretary General of the Young Women’s Christian Association, Nyaradzayi

Gumbonzvanda, shared her personal reflections on developments since the Beijing Platform

for Action. She spoke in particular about the need to carry out collective efforts in a number

of different areas, such as gender equality and access to education and health services for

girls and women of African descent. She emphasized the importance of strengthening

linkages between Africa and the diaspora. Ms. Gumbonzvanda recommended that the

Working Group further discuss issues of the rights of women of African descent, focusing

on specific areas such as child marriage, among others.

38. Suzanne Charles-Watson, from the Institute for Gender and Development Studies at

the University of the West Indies, delivered a video statement on the topic of “Men,

masculinities and the project of development”. She provided a Caribbean perspective on

how issues of gender and understanding masculinities influence Caribbean development

paradigms. Ms. Charles-Watson stated that, with high unemployment rates, susceptibility to

the impact of climate change and migration, as well as inadequate and overburdened social

protection systems, the region was currently confronted with the need to develop new

paradigms of development. In that regard, she pointed out that the study of the impact of

gender systems on Caribbean societal structures was still comparatively new. She added

that a study of masculinity revealed systems of gender privileging, relegation of women and

girls to the private space and thus underrepresentation in the public sphere, and gender-

based violence and violence against women and children. She concluded that Caribbean

development paradigms must focus on equity and equality where issues of gender,

masculinity and femininity ultimately became issues of human rights and human dignity.

39. The Chief of the OHCHR Women’s Rights and Gender Section, Veronica Birga,

presented a paper on the achievements in realizing the rights of women of African descent

since the adoption of the Beijing Platform for Action 20 years previously. Ms. Birga

established linkages between the emphasis placed by the Beijing Platform for Action and

the Durban Declaration and Programme of Action. Both highlighted the detrimental impact

of intersecting forms of discrimination on the enjoyment of human rights, particularly on

women from ethnic minorities, including women of African descent. She also alluded to the

wide variety of challenges faced by women of African descent in different parts of the

world as identified by the Committee on the Elimination of Discrimination against Women

and a number of special procedures mandate holders, such as lack of access to social

services, high rates of maternal mortality, unequal access to education, violence targeting

women of African descent, especially their vulnerability to being trafficked, unequal

opportunities for participating in decision-making and public life, occupational segregation

and disproportionate incarceration rates of Afro-descendant women. Ms. Birga further

presented a short video focusing on the work of a doctor in the United States of America

who was defending the health rights of African-American women. She suggested that

disaggregated data, temporary special measures and access to justice were measures to

address the violations of the rights of women of African descent. Representatives of Brazil,

Panama and South Africa expressed their appreciation of the different presentations made

by the panellists and a number of NGOs requested follow-up information from the

presenters.

40. On 30 March 2015, to celebrate the launch of the International Decade for People of

African Descent, the Working Group had organized a special cultural event, along with an

exhibition, entitled “People of African descent: recognition, justice and development”,

displaying the work of the Brazilian artist, Inêz Oludé. The event was attended by

representatives of a number of permanent missions to the United Nations in Geneva, staff

members of the United Nations and civil society.

V. Conclusions and recommendations

41. The Working Group concluded its sixteenth session on the theme of

“Development and people of African descent” and made the following conclusions and

recommendations.

42. The Working Group recorded its appreciation to the High Commissioner for

his intervention at the sixteenth session. It also thanked Member States and civil

society for their active participation.

A. Conclusions

43. The Working Group concludes that poverty is both a cause and a consequence

of discrimination. Development should not be narrowly defined as economic

development only, but must also include political, economic, social, cultural and

environmental aspects, consistent with the Declaration on the Right to Development.

The Working Group “recognizes that … historical injustices have undeniably

contributed to the poverty, underdevelopment, marginalization, social exclusion,

economic disparities, instability and insecurity that affect many people in different

parts of the world, in particular in developing countries” and “recognizes the need to

develop programmes for the social and economic development of these societies and

the Diaspora, within the framework of a new partnership based on the spirit of

solidarity and mutual respect” (Durban Programme of Action, para. 158), in areas

such as debt relief, poverty eradication, market access and the promotion of foreign

direct investment.

44. The Working Group points out that, despite the publication of evidence, there

is still insufficient attention paid to the proven contributions of people of African

descent to world development. It concludes that the role that people of African descent

have played in global development must be recognized both in terms of the

contribution that the African continent has historically made to worldwide

development, including during the transatlantic slave trade, and the contributions

that Africans and the African diaspora have made and continue to make to the

contemporary world.

45. In a period of economic and financial crisis, principles of participation, equality

and non-discrimination should be integrated into all development activities where the

realization of rights, including with respect to the fight against poverty and access to

education, health, employment and political participation, are the goals of

development. The Working Group also stresses that repairing the catastrophic

damage done by enslavement and the slave trade would contribute to development.

46. The International Decade for People of African Descent is an important

milestone in the struggle for the protection and promotion of the rights of people of

African descent and their political, economic social and cultural development. On the

occasion of the fiftieth anniversary of the International Convention on the Elimination

of All Forms of Racial Discrimination, the Working Group recognizes the important

role that the Convention and the Committee have played in protecting the rights of

people of African descent.

47. People of African descent remain invisible within societies in some States,

owing to, inter alia, the lack of statistical data, including data disaggregated along

ethnic lines. This poses an obstacle to assessing the progress made, as well as

challenges faced by people of African descent in attaining overall development.

48. Considering the conditions of extreme poverty in which the majority of people

of African descent live in both developing and developed countries, development

activities and programmes must address all people of African descent, regardless of

the country in which they live. Racism, racial discrimination, xenophobia and related

intolerance pose major obstacles for people of African descent in the eradication of

poverty.

49. The Working Group is concerned by the pervasive and distinct form of racism

faced by people of African descent in employment and the labour market. Most

statistical data from different parts of the world point to people of African descent

and Africans as being among the most unemployed, and often subjected to racial

discrimination while seeking employment. Similarly, people of African descent often

lack access to quality health services and face disparities in health status as a result of

racial discrimination.

50. The right to education is not enjoyed equally by all; millions of girls, boys,

women and men of African descent suffer disproportionately from unequal access to

quality education. Failure to ensure equal access to education robs people of their

opportunity to reach their full human potential and to contribute to the development

of their own communities and society at large.

51. The segregation or ghettoization of people of African descent into low

standards of housing and the lack of measures to support the development and

improvement of poor housing conditions faced by people of African descent is a

matter of grave concern to the Working Group.

52. The Working Group recognizes that women and girls of African descent face

multiple, aggravated or intersecting forms of discrimination based on sex, language,

religion, political or other opinion, social origin, property, birth, disability or other

status. Such discrimination manifests itself in high rates of illiteracy, unemployment,

lack of access to health services, quality education, landownership, drinking water and

sanitation, and gender-based violence.

53. Judicial and administrative enforcement of human rights and the justiciability

of economic, social and cultural rights, including the right to development, is crucial

in ensuring that the rights to health, housing, employment, education, participation in

development and all other rights are enjoyed by people of African descent.

54. The Working Group recognizes the good practices in some States, including

initiatives aimed at guaranteeing participation of people of African descent in

decision-making, data collection and development policies addressing concerns of

people of African descent.

B. Recommendations

55. The Working Group urges States to adopt measures, consistent with the

Declaration on the Right to Development, aimed at guaranteeing active, free and

meaningful participation of people of African descent in all political, economic, social

and cultural aspects of society and in the advancement and economic development of

their countries. States should promote a greater knowledge of and respect for their

heritage and culture and ensure participation in development and decision-making,

and in the fair distribution of benefits resulting therefrom. States should take

measures to realize the right to development taking into account the need to redress

historical injustices through development programmes.

56. The Working Group recommends that States take into account the linkages

between enslavement and colonialism that leads to underdevelopment, and take the

impact of this intersectionality into account in development policies.

57. The Working Group suggests that all agencies of the United Nations system, as

well as other international development and financial institutions, monitor the

situation of people of African descent and report on their status and implement the

Guidance note of the Secretary-General on Racial Discrimination and Protection of

Minorities.

58. The Working Group encourages all human rights mechanisms of the United

Nations, regional human rights bodies, national human rights institutions and civil

society organizations to devote more attention to people of African descent in the

implementation of their respective mandates.

59. The Working Group encourages Governments and international development

and financial institutions to establish programmes, based on the participation of the

communities concerned, aimed at improving the economic and social conditions of

people of African descent. It also encourages Governments in the affected regions to

use regional arrangements and organizations to address the effects of

underdevelopment, which tend to have a disproportionate impact on people of African

descent.

60. Civil society should be encouraged to form national, regional and international

networks to share learning, experiences and good practices, raise awareness of the

situation of people of African descent and carry out joint advocacy and development

initiatives, and develop capacity-building programmes intended for people of African

descent with a particular focus on developing leadership skills. Civil society is also

encouraged to increase its cooperation with the Working Group.

61. In the context of the International Decade for People of African Descent, the

Working Group urges Governments, financial and development institutions and the

funds and programmes and specialized agencies of the United Nations, in accordance

with their regular budgets and the procedures of their governing bodies, to assign

particular priority, and allocate sufficient funding, within their areas of competence

and budgets, to improving the situation of Africans and people of African descent,

while devoting special attention to the needs of these populations in developing

countries, inter alia through the preparation of specific programmes of action for the

implementation of the programme of activities of the Decade.

62. The Working Group encourages Governments, with the assistance of

specialized agencies and international development and financial institutions as

appropriate, to collect and compile reliable statistical data on the political, economic

and social conditions of people of African descent and to disseminate such information

widely, not only in order to undertake specific development projects but also to

empower all stakeholders in the fight to improve the situation of these people.

63. Consistent with existing human rights commitments, States should also address

poverty alleviation that eliminates racial discrimination, including through the

implementation of development initiatives aimed at realizing the rights of people of

African descent, in a manner appropriate to their culture and identity; ensure the full,

active and meaningful participation of people of African descent throughout

development programme cycles; and adopt measures to preserve, protect and restore

the traditional knowledge of people of African descent.

64. States should take concrete measures to eliminate racism, racial discrimination,

xenophobia and related intolerance in the workplace against all workers, in particular

Africans and people of African descent, including migrants and women, and ensure

the full equality of all before the law, including labour law. States should ensure that

workers’ rights of people of African descent, including those relating to fair and equal

wages, are protected, by increasing the effectiveness of legislation that prohibits all

discriminatory practices in employment and the labour market that affect people of

African descent, including through the implementation of special measures to

promote the employment of people of African descent in public administration, as well

as in private companies, including affirmative action policies such as quota systems.

65. States should involve people of African descent in designing and implementing

health-based programmes and projects, ensuring that quality health services are

available and accessible without discrimination, particularly in rural and

marginalized areas with large populations of people of African descent, and that

services are provided in a culturally appropriate manner and accessible to people of

African descent, including the most vulnerable.

66. States should take all the measures necessary to give effect to the right of people

of African descent, particularly children and young people, to free primary education

and access to all levels and forms of quality public education without discrimination.

Measures should be taken to increase the number of teachers of African descent

working in educational institutions. The Working Group also urges States to take

steps aimed at removing negative stereotypes and imagery in teaching materials, by

promoting more inclusive education systems, and to take measures to reduce the

school dropout rate for children of African descent, with greater support and

attention to families and ensuring that curricula are accessible, culturally relevant,

providing education in their own language and promoting their cultural heritage,

where necessary. States must implement their human rights obligations regarding the

content of education.

67. States should implement special measures to ensure people of African descent

have access to necessary housing services, by involving communities of people of

African descent as partners in housing project construction, rehabilitation and

maintenance and taking measures to ensure legal security of tenure, availability of

services, materials, facilities and infrastructure, affordability, habitability,

accessibility, location and cultural adequacy, and prevent the forced eviction of people

of African descent from their homes in both urban and rural contexts. The Working

Group also urges States, in accordance with international human rights standards and

their respective domestic legal frameworks, to resolve problems of ownership of

ancestral lands, inhabited for generations by indigenous people and by people of

African descent and illegally expropriated by colonial rulers.

68. The Working Group urges States to incorporate a gender perspective in all

programmes of action against racism, racial discrimination, xenophobia and related

intolerance. States, international organizations, NGOs and the private sector should

consult and involve women of African descent, through a participatory and inclusive

approach, in the processes and decisions relating to the elaboration and

implementation of programmes and plans aimed at their social development. States

should ensure that development paradigms focus on equity and equality, where issues

of gender, masculinity and femininity ultimately become issues of human rights and

human dignity.

69. The Working Group urges States to recognize the unique situation of youth of

African descent and to implement targeted opportunities and specific measures that

promote and advance the development of leadership and active participation in all

sectors of society.

70. The Working Group recommends that the sustainable development goals of the

United Nations development agenda beyond 2015 be applied as benchmarks by States

to measure progress regarding the political, economic and social development of

people of African descent. While grants and aid are welcome, the goal should be long-

term development, especially in post-colonial societies.

71. The Working Group urges States to develop mechanisms of redress for

violations of the right to development, concerning both people of African descent and

of African States. Mechanisms should be available to all, including documented and

undocumented migrant workers and asylum seekers. There should be people of

African descent serving as officials in implementing these mechanisms.

72. States should ensure that the development and implementation of positive

measures, aimed at accelerating the achievement of substantive equality and for

securing equal access of Africans and people of African descent to opportunities,

contribute to poverty reduction and lead to the empowerment of communities.

73. The Working Group encourages States to share good practices, including

initiatives aimed at guaranteeing participation of people of African descent in

decision-making, data collection and development policies addressing concerns of

people of African descent.

74. The Working Group urges States to develop public policies that do not keep

people of African descent and African countries in a state of economic dependence but

rather ensure that they benefit from development on an equal footing with the rest of

the population and the developed countries, while at the same time respecting their

sociocultural differences.

75. The inclusion of reparations should be in line with the Durban Declaration and

Programme of Action, which recognizes the contribution of historical injustices to

contemporary poverty, underdevelopment, marginalization, social exclusion,

economic disparities, instability and insecurity, in particular in developing countries,

and the need to develop programmes for the social and economic development of these

societies and the diaspora.

76. The Working Group encourages people of African descent and the African

diaspora to pursue domestic redress for racism, racial discrimination, Afrophobia,

xenophobia and related intolerance that impede development.

77. At the same time, the Working Group encourages people of African descent to

celebrate the achievements of their ancestors and honour their memory through the

truth and acknowledgement of that history which continue to undermine societies.

Such strategies would represent means of self-awareness and sociocultural

development.

78. The International Decade for People of African Descent should be used to build

bridges of understanding and reconnect the diaspora with the continent of Africa in

order to address the feelings of loss, lack of identity and absence of indigenous

knowledge that plague people of African descent in the diaspora.

79. The Working Group recommends that during the International Decade for

People of African Descent, the International Forum for People of African Descent

should be the platform for States, civil society and the United Nations to plan concrete

action for the total recognition of the rights of people of African descent. The Working

Group is concerned that the Forum is not a permanent forum.

80. The Working Group looks forward to contributing to the establishment of the

International Forum for People of African Descent and to the process of developing

and drafting the declaration on people of African descent under the auspices of the

International Decade for People of African Descent, including through its active

participation in the Forum.

Annex I

Agenda

1. Opening of the session.

2. Election of the Chair-Rapporteur of the Working Group.

3. Adoption of the agenda.

4. Organization of work.

5. Briefings with regard to:

(a) Reports submitted to the Human Rights Council and the General Assembly;

(b) Visits to the Netherlands and Sweden by the Working Group;

(c) Internal meeting of the Working Group;

(d) Other activities.

6. Thematic discussion on people of African descent, with a focus on the theme

“Development and people of African descent”:

(a) Keynote address;

(b) Other presentations;

(c) Interactive discussion with participants.

7. Adoption of the conclusions and recommendations of the Working Group made at

its sixteenth session.

Annex II

[English only]

List of participants

A. Members of the Working Group

Mr. Michal Balcerzak

Ms. Mireille Fanon Mendès-France

Mr. Sabelo Gumedze

Ms. Verene Shepherd

Mr. Ricardo A. Sunga III

B. Member States

Argentina, Austria, Brazil, China, Colombia, Côte d’Ivoire, Cuba, Egypt, Ethiopia,

Germany, Greece, Ireland, India, Japan, Latvia, Mexico, Morocco, Namibia, Norway,

Pakistan, Panama, Portugal, Russian Federation, Rwanda, Saudi Arabia, South Africa,

Spain, Sri Lanka, Switzerland, Syrian Arab Republic, Tunisia, United Kingdom of Great

Britain and Northern Ireland, Uruguay, Venezuela (Bolivarian Republic of).

C. Non-member States

Holy See.

D. International organizations

International Labour Organization (ILO), United Nations Development Programme

(UNDP), World Health Organization (WHO).

E. Intergovernmental organizations

European Union.

F. Non-governmental organizations in consultative status with the

Economic and Social Council

African Commission of Health and Human Rights Promoters, Association of World

Citizens, International Youth and Student Movement for the United Nations (ISMUN),

Mouvement International pour les Réparations, Rencontre Africaine pour la Defense des

Droits de l’Homme, World Against Racism Network.

G. Non-governmental organizations not in consultative status with the

Economic and Social Council

AFROMADRID, Association des Bassas de Suisse, Association des femmes du Kwango-

Kwilu 'Mukubi', Black Mental Health UK, Collectif Afro-Swiss Humaine (CRED), Culture

of Afro-Indigenous Solidarity, Mouvement contre le racisme et pour l’amitié entre les

peuples, SOS Rassismus Deutschschweiz.

H. Panellists and presenters

Ms. Rebeca Arias, Director, UNDP Regional Centre, Panama;

Ms. Veronica Birga, Chief, Women’s Rights and Gender Section, OHCHR;

Ms. Suzanne Charles-Watson, Institute for Gender and Development Studies, University of

the West Indies;

Ms. Nyaradzayi Gumbonzvanda, Secretary General, Young Women’s Christian

Association;

H.E Abdul Samad Minty, Chair of the Ad Hoc Committee on the Elaboration of

Complementary Standards, Ambassador of the Republic of South Africa;

Mr. Laurence Juma, Professor and Deputy Dean, Faculty of Law, Rhodes University, South

Africa;

Mr. Jacques Martial, Actor and President of Établissement public du parc et de la grande

halle de la Villette, Paris;

Mr. Pastor Elías Murillo Martínez, Member, Committee on the Elimination of Racial

Discrimination (CERD);

Mr. Glenn Payot, Geneva Representative, Minority Rights Group International;

Ms. Biancamaria Pomeranzi, Member, Committee on the Elimination of Discrimination

against Women (CEDAW);

Ms. Shyami Puvimanasinghe, Human Rights Officer, Right to Development Section,

OHCHR;

Mr. Patrice Tacita, Lawyer and Poet, Liyannaj Kont Pwofitasyon (LKP), Guadeloupe;

Ms. Rebekah Thomas, Technical Officer, Gender and Cultural Diversity Unit, WHO;

Ms. Lisa Wong, Senior Declaration Officer, ILO.