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Activities of the Working Group 2014, para. 57
- Paragraph text
- The Working Group stresses the need to address the persistence of racial discrimination among judicial and law enforcement officials, which affects the application of the law and the functioning of the criminal justice system and contributes to an unfair overrepresentation of people of African descent among persons in detention. The Working Group notes that people of African descent are often subjected to longer sentences than other individuals who have committed the same offence. The practice of racially profiling youth of African descent leaves them disproportionately policed, prosecuted, convicted and imprisoned compared to the rest of the population.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Youth
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Activities of the Working Group 2014, para. 60p
- Paragraph text
- [In order to provide equal access to justice for people of African descent and as a part of the duty of States to protect human rights, the Working Group calls upon States to guarantee that:] The criminalization of race is addressed, taking measures to eliminate the overrepresentation of young people of African descent who are subject to the criminal justice system, as well as double standards in sentencing. The racial aspects of violence and imprisonment should be recognized;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Youth
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Activities of the Working Group 2014, para. 60q
- Paragraph text
- [In order to provide equal access to justice for people of African descent and as a part of the duty of States to protect human rights, the Working Group calls upon States to guarantee that:] The potential discriminatory effects of domestic legislation are eliminated, particularly of legislation on terrorism, immigration and nationality, as well as legislation that has the effect of penalizing without legitimate grounds certain groups or members of certain communities, including people of African descent, and in any case, respecting the principle of proportionality in its application;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Activities of the Working Group 2014, para. 52
- Paragraph text
- The Working Group recognizes that it is possible to seek and achieve reparatory justice and compensation for victims of colonial injustices, as demonstrated by the Mau Mau case in Kenya.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Activities of the Working Group 2014, para. 68
- Paragraph text
- People of African descent should enjoy all the guarantees of a fair trial and equality before the law, as enshrined in the relevant international human rights instruments and, specifically, the right to presumption of innocence, the right to assistance of counsel and to an interpreter, the right to an independent and impartial tribunal and guarantees of fair punishment and the enjoyment of all the rights to which prisoners are entitled under the relevant international norms.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Activities of the Working Group 2016, para. 47
- Paragraph text
- The Working Group reminds Member States of the commitments that they made in the Durban Declaration and Programme of Action and encourages them to develop comprehensive national action plans to tackle racism, such as reinforcing national institutions, legislation, the administration of justice and creating competent national bodies to adequately investigate allegations of racism, racial discrimination, xenophobia and related intolerance.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Thematic discussion on the situation of people of African descent in the context of the International Year for People of African Descent 2011 2011, para. 105
- Paragraph text
- The Working Group is concerned that, despite wide acceptance by States, the Durban Declaration and Programme of Action, and especially the provisions relating to people of African descent, is not being implemented effectively as envisaged because of lack of political will and commitment by States.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Discussion on "Recognition through Education, Cultural Rights and Data Collection" 2013, para. 72
- Paragraph text
- Recalling paragraph 99 of the Durban Declaration, in which States concerned are called upon "to honour the memory of the victims of past tragedies and affirm that, wherever and whenever these occurred, they must be condemned and their recurrence prevented", States should adopt measures to preserve, protect and restore the intangible patrimony and spiritual memory of sites and places of the slave trade and slave resistance, giving increased visibility to this history and culture through museums, monuments, visual arts and other means, such as the permanent memorial at the United Nations headquarters to honour the memory of the victims of slavery and the transatlantic slave trade.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Discussion on "Recognition through Education, Cultural Rights and Data Collection" 2013, para. 87d
- Paragraph text
- [In accordance with paragraph 92 of the Durban Programme of Action, States should also:] Adopt laws regulating the collection and processing of ethnic and racial data that protect fundamental freedoms, including the right to privacy, provide the necessary safeguards for protecting data from misuse, such as racial profiling and negative monitoring, and ensure confidentiality of information, in accordance with relevant regional and international standards, in particular the Guidelines for the Regulation of Computerized Personal Data Files concerning the legality, fairness, accuracy and relevance of data, purpose-specification, interested-party access, non-discrimination, security, oversight and penalties. The normative framework should be approved beforehand and lay down the following minimum conditions: the person must give explicit consent; the data collection must serve the public interest, i.e., the fight against racial discrimination; and the framework must be legally binding;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Activities of the Working Group 2014, para. 89d
- Paragraph text
- [In accordance with paragraph 92 of the Durban Programme of Action, States should also:] Adopt laws regulating the collection and processing of ethnic and racial data that protect fundamental freedoms, including the right to privacy, provide the necessary safeguards for protecting data from misuse, such as racial profiling and negative monitoring, and ensure confidentiality of information, in accordance with relevant regional and international standards, in particular the Guidelines for the Regulation of Computerized Personal Data Files concerning the legality, fairness, accuracy and relevance of data, purpose-specification, interested-party access, non-discrimination, security, oversight and penalties. The normative framework should be approved beforehand and lay down the following minimum conditions: the person must give explicit consent; the data collection must serve the public interest, namely, the fight against racial discrimination; and the framework must be legally binding;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Activities of the Working Group 2014, para. 54
- Paragraph text
- The Working Group notes that, despite guarantees in international and national law, the prevalence of racism, racial discrimination, xenophobia and related intolerance affects people of African descent in a unique fashion, to the point that many people of African descent are still unable to obtain remedies for wrongful acts through their domestic institutions. Structural discrimination occurs at all stages and levels of the administration of justice, inter alia in legislation, law enforcement, courts and tribunals. One of the most important challenges that people of African descent face is discriminatory treatment by the very institutions that are supposed to administer justice.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Activities of the Working Group 2016, para. 45
- Paragraph text
- The Working Group recognizes that without the essential contribution of civil society, non-governmental organizations and academics, the fight against racism, racial discrimination, Afrophobia, xenophobia, Islamophobia and related intolerance will remain invisible. The link between their work, States and various United Nations mechanisms must be strengthened and made visible by joint equitable partnerships. There must be increased support for civil society engagement with States and the United Nations.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Discussion on "Recognition through Education, Cultural Rights and Data Collection" 2013, para. 76
- Paragraph text
- The Working Group and UNESCO should work together to ensure that the general history of African and People of African descent is promoted among Africans during the International Decade. The Working Group will continue to strengthen its relationship with academia on the situation of people of African descent.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Activities of the Working Group 2014, para. 44
- Paragraph text
- The Working Group is concerned that the principles of restorative justice are not applied in addressing access to justice for people of African descent.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Activities of the Working Group 2014, para. 61
- Paragraph text
- States should prioritize prevention and the institutionalization of care in order to ensure that institutionalization of young people is a last resort.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Youth
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Report of the Working Group of Experts on People of African Descent on its nineteenth and twentieth sessions 2017, para. 65
- Paragraph text
- The International Decade for People of African Descent aims at raising the issue of the historical, economic, political and cultural non-recognition of the people of African descent who were victims of the transatlantic trade in enslaved Africans, enslavement and colonialism. It also aims to deconstruct racism. The Decade offers the possibility of bringing together States, civil society and multilateral institutions to elaborate ways to effectively address the fundamental basis of knowledge and rights of people of African descent. Agenda 2063: The Africa We Want, adopted by the African Union and rooted in pan-Africanism and African renaissance, is also an important reference in this regard.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Interlinkages between recognition, justice and development 2016, para. 69
- Paragraph text
- The Working Group encourages development agencies and financial institutions to develop and implement programmes to address the human rights situation of people of African descent. The Working Group endorses, and recommends to development agencies and financial institutions for their serious consideration, the CARICOM Ten-Point Action Plan on reparations, including its points on public health initiatives, rehabilitation, technology transfer and debt cancellation.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Report of the Working Group of Experts on People of African Descent on its nineteenth and twentieth sessions 2017, para. 68
- Paragraph text
- The Working Group will consider contributing to a baseline study on data on people of African descent, including the collection of disaggregated data in accordance with human rights principles governing participation, disaggregation, self-identification, transparency, privacy and accountability. The study will be followed by an expert meeting on the importance of collecting data on people of African descent in order to close the gaps and address the inequalities and discrimination that they face.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Development and people of African descent 2015, para. 71
- Paragraph text
- 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.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Development and people of African descent 2015, para. 79
- Paragraph text
- 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.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Discussion on "Recognition through Education, Cultural Rights and Data Collection" 2013, para. 85
- Paragraph text
- Special data-processing methods are necessary for protecting people's identity, in particular procedures that ensure anonymity and guarantee that data could not be traced back to individuals. There is a difference between personal data, which are subject to special protection, and processing impersonal statistical data, which is permitted for historical, statistical or scientific purposes. In that regard, efforts should be made to neutralize the risks inherent in identifying individuals and examine how the data could be dissociated from the identification of individuals. Relevant practice in the field of medicine could be an important guide.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Activities of the Working Group 2014, para. 60b
- Paragraph text
- [In order to provide equal access to justice for people of African descent and as a part of the duty of States to protect human rights, the Working Group calls upon States to guarantee that:] At the national and regional levels, an atlas mapping injustices is developed, supported by comprehensive disaggregated data. Such atlases can be the framework for dialogue in addressing the realization of fundamental rights and the protection of knowledge for vulnerable populations, including people of African descent;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Discussion on "Recognition through Education, Cultural Rights and Data Collection" 2013, para. 80
- Paragraph text
- The development of the ninth volume of the General History of Africa by UNESCO, should also focus on the new aims for Africa and on the African diaspora and its challenges.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Thematic discussion on structural discrimination against people of African descent 2010, para. 124
- Paragraph text
- The Working Group recommends the establishment within OHCHR of an observatory to review and report on progress in the implementation by Member States and specialized agencies of the United Nations, as appropriate, of the Durban Declaration and Programme of Action and the Outcome Document of the Durban Review Conference, as well as recommendations by the Durban follow-up mechanisms pertaining to people of African descent.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Activities of the Working Group 2014, para. 45
- Paragraph text
- The Working Group emphasizes that there can be no exceptions to the criminalization of discrimination, which applies in the public and private spheres, to social, economic and cultural rights, civil and political rights and environmental rights. The Working Group is concerned about the prevalence of impunity and the lack of accountability in addressing discrimination against people of African descent in public and private spheres under the guise of freedom of expression.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Activities of the Working Group 2014, para. 74
- Paragraph text
- Potential discriminatory effects of certain domestic legislation should be eliminated, in particular with regard to legislation on terrorism, immigration and nationality, as well as legislation that has the effect of penalizing without legitimate grounds certain groups or members of certain communities, including people of African descent, and in any case, respecting the principle of proportionality in its application.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Activities of the Working Group 2014, para. 89a
- Paragraph text
- [In accordance with paragraph 92 of the Durban Programme of Action, States should also:] Collect, compile, analyse, disseminate and publish reliable statistical data at the national and local levels and undertake all other related measures that are necessary to assess regularly the situation of individuals and groups of individuals who are victims of racism, racial discrimination, xenophobia and related intolerance;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Report of the Working Group of Experts on People of African Descent on its nineteenth and twentieth sessions 2017, para. 78
- Paragraph text
- States should ratify international agreements related to the fight against racism and discrimination in education. To this end, the Working Group calls for universal ratification of the International Covenant on Economic, Social and Cultural Rights as well as the Optional Protocol thereto and the Convention against Discrimination in Education of the United Nations Educational, Scientific and Cultural Organization.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Activities of the Working Group 2014, para. 58
- Paragraph text
- The Working Group is concerned about the torture, ill-treatment and harassment suffered by people of African descent at the hands of law enforcement officials. When the rights of people of African descent are violated, recourse to institutions of justice is often a distant possibility. Inadequate complaint mechanisms prevent young people of African descent from responding to misuse of power and discriminatory practices by the law enforcement and judicial authorities. The consequences of racial targeting are far-reaching and have both individual and collective effects.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Youth
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Development and people of African descent 2015, para. 43
- Paragraph text
- 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.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph