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Title | Date added | Template | Body | Legal status | Document type | Year | Document code | Original document | Paragraph text | Thematics | Topic(s) | Person(s) affected | Year |
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Discussion on "Recognition through Education, Cultural Rights and Data Collection" 2013, para. 75a | Aug 19, 2019 | Paragraph | Working Group of experts on people of African descent | Non-negotiated soft law | Special Procedures' report | [In recognition of the contribution of the continent of Africa and people of African descent to the development, diversity and richness of world civilizations and cultures which constitute the common heritage of humankind, States should, in collaboration with relevant United Nations bodies and agencies, particularly the United Nations Educational, Scientific and Cultural Organization (UNESCO) and international donors:] Promote and protect the culture, identity and tangible and intangible heritage of the continent of Africa and people of African descent, and keep, maintain and foster their mode of life and forms of organization, languages and religious expressions; |
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| 2013 | ||||
Activities of the Working Group 2014, para. 77 | Aug 19, 2019 | Paragraph | Working Group of experts on people of African descent | Non-negotiated soft law | Special Procedures' report | The rights of children and young people of African descent need to be specifically protected with regard to their identity, culture and language, in particular by promoting culturally and linguistically sensitive education policies and programmes. Actions shall be adopted to combat the indirect discrimination faced by children in education systems by removing the negative stereotypes and imagery often used in teaching materials, ensuring the inclusion of the histories and cultures of people of African descent, including the transatlantic slave trade in curriculums, and ensuring the cultural or linguistic relevance of teaching for children of African descent. Formal education at the early childhood, primary, secondary, post-secondary and adult education levels must incorporate knowledge about the history of transatlantic enslavement and the role of people of African descent in global development, and the diversity and richness of civilizations and cultures that constitute the common heritage of humankind. A comprehensive curriculum reform shall also tackle all forms of stereotypes. |
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| 2014 | ||||
Activities of the Working Group 2014, para. 57 | Aug 19, 2019 | Paragraph | Working Group of experts on people of African descent | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2014 | ||||
Activities of the Working Group 2014, para. 60j | Aug 19, 2019 | Paragraph | Working Group of experts on people of African descent | Non-negotiated soft law | Special Procedures' report | [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:] Judicial remedies in cases of racial discrimination are easily accessible, prompt, impartial, affordable and geographically accessible. Law enforcement and judicial services should have an adequate and accessible presence in the neighbourhoods, regions, collective facilities, camps or centres where groups of people of African descent reside, so that their complaints can be expeditiously received. Accessible and youth-friendly reporting systems and services must be in place; |
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| 2014 | ||||
Development and people of African descent 2015, para. 44 | Aug 19, 2019 | Paragraph | Working Group of experts on people of African descent | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2015 | ||||
Activities of the Working Group 2014, para. 60p | Aug 19, 2019 | Paragraph | Working Group of experts on people of African descent | Non-negotiated soft law | Special Procedures' report | [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; |
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| 2014 | ||||
Activities of the Working Group 2014, para. 60q | Aug 19, 2019 | Paragraph | Working Group of experts on people of African descent | Non-negotiated soft law | Special Procedures' report | [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; |
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| 2014 | ||||
Activities of the Working Group 2014, para. 60r | Aug 19, 2019 | Paragraph | Working Group of experts on people of African descent | Non-negotiated soft law | Special Procedures' report | [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:] Measures are adopted to eliminate sociocultural ideologies inherited from the slavery period, which perpetuate racism and racial discrimination against people of African descent and their continued invisibility at all levels of society. Programmes should be established to preserve knowledge of the culture and history of people of African descent in museums and other forums for future generations, and efforts made to encourage and support the publication and distribution of books and other print materials, as well as the broadcasting of television and radio programmes, about their history and cultures. States and civil society should work with the media and communications companies to promote more positive and inclusive images and representations of people of African descent in order to increase their visibility within society and challenge negative stereotypes and resultant discrimination; |
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| 2014 | ||||
Activities of the Working Group 2014, para. 60s | Aug 19, 2019 | Paragraph | Working Group of experts on people of African descent | Non-negotiated soft law | Special Procedures' report | [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:] A greater knowledge of and respect for the heritage and culture of people of African descent are adopted, particularly for children and youth, through intercultural education and dialogue, awareness-raising and activities designed to protect and promote African culture and African-descent culture in its various manifestations. Specific plans must be in place for the ethnic recognition and visibility of people of African descent. Measures should be adopted to preserve, protect and restore traditional knowledge, and the intangible patrimony and spiritual memory of sites and places of the slave trade and slave resistance; |
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| 2014 | ||||
Development and people of African descent 2015, para. 64 | Aug 19, 2019 | Paragraph | Working Group of experts on people of African descent | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2015 | ||||
Development and people of African descent 2015, para. 66 | Aug 19, 2019 | Paragraph | Working Group of experts on people of African descent | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2015 | ||||
Development and people of African descent 2015, para. 67 | Aug 19, 2019 | Paragraph | Working Group of experts on people of African descent | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2015 | ||||
Development and people of African descent 2015, para. 68 | Aug 19, 2019 | Paragraph | Working Group of experts on people of African descent | Non-negotiated soft law | Special Procedures' report | 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. |
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| 2015 | ||||
Activities of the Working Group 2014, para. 60i | Aug 19, 2019 | Paragraph | Working Group of experts on people of African descent | Non-negotiated soft law | Special Procedures' report | [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:] People of African descent can seek protection and remedies effectively, through the competent national tribunals and other State institutions, against any acts of racial discrimination, and seek just and adequate reparation or satisfaction from such tribunals for any damage suffered as a result of racial discrimination; |
| 2014 | |||||
Interlinkages between recognition, justice and development 2016, para. 55 | Aug 19, 2019 | Paragraph | Working Group of experts on people of African descent | Non-negotiated soft law | Special Procedures' report | The Working Group welcomes some States' and civil society's positive response to its plans aimed at looking into the programmes and policies of financial and development institutions from the perspective of people of African descent. The Working Group will take into consideration the 2030 Agenda for Sustainable Development. In this regard, the Working Group will focus on the areas referred to in its mandate - investments in health systems, education, housing, electricity, drinking water and environmental control measures and promoting equal opportunities in employment - as well as other affirmative or positive measures and strategies within the human rights framework. |
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| 2016 | ||||
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 6 | Aug 19, 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | Albinism is a condition that results in a significant or near total lack of pigmentation in any or all of the skin, hair and eyes. The most significant human rights issues have emerged from myths linked to the form of albinism involving a lack of pigmentation in the skin. This is also the most visible form of albinism. All forms of albinism are together understood as rare, non-contagious, genetically inherited and occurring in both sexes, regardless of ethnicity, in all countries of the world. However, in most communities around the world, albinism is not fully understood. |
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| 2016 | ||||
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 7 | Aug 19, 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | Myths about albinism include the belief that a child with albinism is a curse meted out on the mother or family of the child. It is also sometimes believed that children with albinism are the result of their family's or parent's evildoing and they are therefore considered a punishment to the whole family and community. In most cases, the blame for having a child with albinism is often attributed to the mother because the curse is believed to be matrilineal, transmitted by the mother's side of the family. There are also beliefs that women who give birth to children with albinism are unclean, or even in some cases witches. A similar myth is that the mother of a child with albinism stepped onto something evil, leading to a curse on the whole family. |
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| 2016 | ||||
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 11 | Aug 19, 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | The lack of understanding of the condition is also illustrated by myths that persons with albinism cannot have children who do not have albinism, or that they are sterile. Furthermore, it is often believed that persons with albinism can only be found within one`s proximate race; consequently, the worldwide status of the condition is often not generally known. This narrow understanding of the frequency of albinism feeds into myths which present the condition as a particular problem supernaturally aimed at specific women and families. |
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| 2016 | ||||
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 12 | Aug 19, 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | It is evident that none of these myths are true, yet they demonstrate the lack of understanding of the genetic nature of albinism. This absence of scientific knowledge and the resort to myths to provide explanations concerning albinism lead to discrimination against persons with albinism and their families, mothers in particular. However, this should not lead to the conclusion that public education alone will eradicate these myths. Evidence shows that even where the truth and the scientific basis of albinism are known, they can co-exist with myths. Scientific explanations of the origins of albinism can answer the question "why?". But they fail to answer particular, localized and personal questions such as "why in this particular person?" and "why at this particular time and place?". The inability of science to answer these questions means that many turn to explanations proposed by supernatural beliefs such as witchcraft, and its practitioners, also known as witchdoctors. |
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| 2016 | ||||
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 19 | Aug 19, 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | The myth that persons with albinism naturally have a short lifespan is also prevalent. It appears to supply an explanation for the relatively high frequency of early deaths among persons with albinism. Such early deaths, which particularly correlate with the myth that persons with albinism disappear, also appear to be strongly linked to the prevalence of skin cancer and the high number of early to midlife fatalities recorded among them on account of this preventable disease. There is an urgent need to address this disease through the provision of both preventive and curative measures that are accessible and affordable or free, particularly in rural areas. |
| 2016 | |||||
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 65 | Aug 19, 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | In addition to Miguel's correlation of income and witchcraft, it has also been documented that there can be a plausible link between the surge in occult practices, including witchcraft, and the pressures and opportunities people are faced with in a changing socioeconomic order. A study of specific mining towns where the use of body parts of persons with albinism in lucky charms has been documented indicates that the cumulative influx of a large number of migrant miners, generational and cultural divides within the local villages, and the social change propelled by the rapid focus on mineral extraction for income in the local economy are among the factors which triggered a symbiotic relationship between miners seeking luck and comparative advantage in their work on the one hand and the witchdoctor on the other hand. |
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| 2016 | ||||
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 46 | Aug 19, 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | Witchcraft beliefs and practices as they relate to albinism have essentially capitalized on a myth-riddled situation, to the benefit of practitioners and willing believers. Further, the relative rarity of body parts of persons with albinism has been capitalized upon by the witchcraft beliefs which proffer that the body parts can attract equally rare minerals, such as gold or diamonds. The same argument with regard to rarity appears to have informed the market value of body parts, such that "the albino fetish has become the most expensive charm because it is perceived as harnessing spirits that are far more powerful than … a waganga [witchdoctor/traditional healer] could otherwise offer". |
| 2016 | |||||
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 73 | Aug 19, 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | Lack of public education on albinism is closely linked to widespread myths regarding the condition. This is why the need for sustained awareness-raising initiatives on the issue cannot be overstated. That said, awareness-raising and public education initiatives cannot replace concrete action, but ought to be carried out as part of a broader action plan such as the one being developed at the African regional level. Education of persons with albinism about their condition and their rights is also necessary to counter myths and misbeliefs. |
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| 2016 | ||||
Vision for the mandate 2016, para. 13 | Aug 19, 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | There are different types of albinism. The most common and visible type is oculocutaneous albinism (OCA), which affects the skin, the hair and the eyes. Within this type, there are subtypes, which reflect varying degrees of melanin pigment deficiency in an individual. The main subtypes of OCA are tyrosinase negative albinism (OCA1) and tyrosinase positive albinism (OCA2). In OCA1, there is little or no production of melanin and it is often characterized by white hair and opaque or transparent irises. In the more prevalent, particularly in African countries, OCA2, some melanin is produced and it is characterized by yellow-blonde or sandy-coloured hair and grey to light brown irises. A less common form of albinism is ocular albinism which affects the eyes alone, while albinism accompanied by Hermansky-Pudlak syndrome is another less common form, which is characterized by bleeding disorders, bowel (colitis) and lung diseases. |
| 2016 | |||||
Vision for the mandate 2016, para. 44 | Aug 19, 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | Discrimination against women takes various forms. Women with albinism are reportedly victims of targeted acts of sexual violence spurred by the myth and misbelief that sexual intercourse with a woman with albinism can cure HIV/AIDS. Furthermore, women who give birth to a child with albinism may face ostracism and discrimination. They are also exposed to rejection by their husbands or partners, accused of adultery or infidelity and blamed for giving birth to a child who is generally seen as a curse or a bad omen. The rejection of mothers of children with albinism exposes them to poverty and isolation and increases the vulnerability to attacks of both mother and child with albinism. |
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| 2016 | ||||
Vision for the mandate 2016, para. 45f | Aug 19, 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | [The Independent Expert intends to identify and consolidate the measures to end and prevent attacks to persons with albinism in consultation with States, civil society, international and regional bodies and agencies as well as other stakeholders. The specific measures identified will be based on those already identified, particularly those adopted by the African Commission on Human and Peoples' Rights, namely:] Inclusion of information in reports submitted by States parties to the African Commission on Human and Peoples' Rights under article 62 of the African Charter on Human and Peoples' Rights, on the situation of persons with albinism, including good practices in protecting and promoting the rights of persons with albinism; |
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| 2016 | ||||
Witchcraft and the human rights of persons with albinism 2017, para. 17 | Aug 19, 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | In the international human rights framework, persons with albinism have normative protection in the International Bill of Rights covering all their fundamental human rights, including the rights to life, physical integrity, liberty, security, the highest attainable standard of physical and mental health and an adequate standard of living. Further protection can be found in specific instruments, including the Convention on the Rights of Persons with Disabilities and the International Convention on the Elimination of All Forms of Racial Discrimination, which proscribes "racial discrimination" based on colour. |
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| 2017 | ||||
Witchcraft and the human rights of persons with albinism 2017, para. 47 | Aug 19, 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | Attacks against persons with albinism for the purpose of obtaining and using body parts in muti or juju as well as accusations of witchcraft match these criteria for harmful practices. In the publication on harmful practices issued by her Office, the Special Representative of the Secretary-General on Violence against Children, quoting the UNICEF study, reported that "discrimination, violence and harmful practices against children with albinism have reached alarming proportions". She added that there were no cultural or religions justifications for such practices. |
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| 2017 | ||||
Witchcraft and the human rights of persons with albinism 2017, para. 69 | Aug 19, 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | It is likely that similar laws, including those inherited from the colonial era, when examined in the light of the principles of human rights, including the rule of law and the right to a fair trial, would lead to outcomes similar to the ones prescribed by the Commission. They include repealing outdated legislation on witchcraft, while emphasizing the necessity of sanctioning persons who accuse others of witchcraft; making it generally known that harmful practices related to witchcraft would be prosecuted; and ensuring that mere belief in witchcraft is not criminalized. However, as witchcraft in general has yet to feature prominently on the radar of human rights mechanisms, the initiation of a system-wide approach, beginning with a scaled-up version of the exercise conducted in Papua New Guinea, including an exercise in definition, is timely. |
| 2017 | |||||
Witchcraft and the human rights of persons with albinism 2017, para. 73 | Aug 19, 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | WHO, in its study on the legal status of traditional medicine, details the status of traditional medicine in 123 countries around the world, showing the diverse approaches taken by States with respect to the practice. In sub-Saharan Africa, some States recognize traditional medicine as part of the national health system while others are silent on the issue. There are also variations between States in the level of regulation of traditional medicine practitioners. Some countries have established registers of practitioners, or exercise control by issuing government licences at the central level; in others, local officials are able to authorize the practice of traditional medicine in their administrative and/or health subdivisions. In certain countries, unlicensed practising of traditional medicine is a punishable offence. In other countries, including those with records of attacks, there is no licensing or registration process for practitioners of traditional medicine. |
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| 2017 |