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DDECADE FOR PEOPLE OF AFRICAN DESCENT
DRAFT PROGRAMME OF ACTION:
"RECOGNITION, JUSTICE, DEVELOPMENT"


 

Contents

1. Introduction 3

1.1 Background 3

1.2 Overview of the current human rights situation of people of African descent 5

2. Normative Framework for the Decade 7

3. Strategic Goals 7

3.1 Recognition 7

3.2 Justice 8

3.3 Development 8

4. Objectives 9

5. Priority Areas for the Decade for People of African Descent 10

5.1 Recognition 10

5.1.1 Giving effect to the right to equality for people of African descent. 10

5.1.2 Education and awareness-raising measures 10

5.1.3 Recalling General Recommendation N 34 of CERD .12

5.1.4 Duty to gather. information 12

5.1.5 Participation and Inclusion 13

5.2 Justice 13

5.2.1 Administration of justice 13

5.1.3 Special measures . 14

5.3 Development 15

5.3.1 Right to development and measures against poverty 15

5.3.2 Education 16

5.3.3 Employment 17

5.3.4 Housing 17

5.3.5 Health 18

5.4 Multiple Forms of Discrimination 18

6. Target Groups and Actors 19

6.1 National Level 20

6.2 Regional Level 20

6.3 International Level 20

7. Strategies at the International level 20

8. Coordination of the Decade 22

8.1 National Level 22

8.2 International and Regional Levels 23


 

1. Introduction

1.1 Background

The General Assembly in its Resolution AIRES/66/144, adopted at its sixty-sixth session, under agenda item 8(b) on Comprehensive Implementation and follow-up to the Durban Declaration and Programme of Action, encouraged the Working Group of Experts on People of African Descent (WGPAD) to develop a Programme of Action, including a theme for adoption by the Human Rights Council, with a view to proclaiming the Decade for People of African Descent for 2013-2023.

In developing this draft Programme of Action the Working Group stresses the centrality of the Durban Declaration and Programme of Action (DDPA) and is committed to acting within .the context of its full and effective implementation, especially its recommended strategies to address the legacies of slavery, the transatlantic slave trade and colonialism, which have largely deteunined the present condition of people of African descent. The Durban Declaration is very clear about the causes and consequences of the current condition of people of African descent, stating in paragraph 13:

"We acknowledge that slavery and the slave trade, including the transatlantic slave trade, were appalling tragedies in the history of humanity not only because of their abhorrent barbarism but also in terms of their magnitude, organized nature and especially their negation of the essence of the victims, and further acknowledge that slavery and the slave trade are a crime against humanity and should always have been so, especially the transatlantic slave trade and are among the major sources and manifestations of racism, racial discrimination, xenophobia and related intolerance, and that Africans and people of African descent, Asians and people of Asian descent and indigenous peoples were victims of these acts and continue to be victims of their consequences;"

In view of this, the Working Group of Experts on People of African Descent has developed the present Draft Programme of Action for the Decade for People of African Descent, to be submitted for adoption to the 21.st session of the Human Rights Council.

The Working Group stresses that the Decade should build on the International Year for People of African Descent (IYPAD) in 2011 during which many events and fora took place, especially in the Caribbean and Latin America, including the High-Level Ibero-American Summit to Celebrate the International Year for People of African Descent, in Salvador, Brazil, the World Summit on People of African Descent in La Ceiba, Honduras and the International Meeting on people of African descent in Caracas, Venezuela. These events involved the participation of several actors including Member States, international organisations and civil society. It was out of these various fora and events that the various actors committed to the recommendations made for the -IYPAD and also adopted the recommendation that there be a Decade for People of African Descent., which States are encouraged to support.

The present Draft Programme of Action is firmly anchored in the DDPA. It is also based on provisions contained in the International Convention on the Elimination of Racial Discrimination (ICERD), the Outcome Document of the Durban Review Conference; conclusions and recommendations adopted by the WGPAD, general recommendations made by human rights treaty monitoring bodies, particularly General Recommendation N 34 on racial discrimination against people of African descent, N 32 (2009) on the meaning and scope of special measures (affirmative action) and N 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system adopted by the Committee on the Elimination of Racial Discrimination (CERD); the country and thematic reports prepared by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, the Independent Expert on Minorities and other relevant Special Procedures of the Human Rights Council. In addition, the Working Group has taken into account the responses to the questionnaire requesting inputs for the elaboration of the present draft Programme of Action, sent in February 2012, to Member States, United Nations bodies, programmes, funds and specialized agencies,


 

regional organizations, national human rights institutions and civil society. The Working Group has also benefited from presentations and comments made by panellists and participants during its 1 1th session and relevant studies made at the regional level by the Inter-American Commission for Human Rights and the European Commission against Racism and Intolerance.

The Working Group would like to extend a special thanks to all stakeholders that have participated in the drafting process, providing many important and insightful suggestions and contributions which demonstrate commitment to the issue. The Working Group notes with appreciation the numerous steps, measures and advances that States have already taken to respect, protect, promote and fulfil the rights of peOple of African descent in different contexts and the invaluable role that other actors including NGOs have played in these processes.

The following stakeholders provided replies to the questionnaire for the Draft Programme of Action for the Decade: Member States: Bolivia, Brazil, Colombia, Costa Rica, Cuba, Greece, Guatemala, Mexico, Portugal, Slovenia, Spain and Uruguay. International and Regional Organisations, United Nations programmes, funds and bodies: The Committee on the Elimination of Racial Discrimination; Office of the Resident Coordinator of the United Nations in Brazil; Department of International Law, Secretariat of Legal Affairs, Organisation of American States; the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; the Special Rapporteur on Extreme Poverty; United Nations High Commissioner for Refugees; Inter-American Commission on Human Rights; UNESCO; UNICEF Regional Office for, Latin America and the Caribbean: TACRO. National human rights institutions: Australian Human Rights Commission; Defensoria de los Habitantes, Costa Rica; DefensOria del Pueblo, Panama; Procuradoria para la Defensa de los Derechos Humanos, Nicaragua; and Non-governmental organizations, including academic institutions: 'African Canadian Legal Clinic; African Diaspora, African European Women's Movement Sophiedela; AGERE; African Hebrew Israelites of Jerusalem, Dimona; African Heritage Magazine; African Union 6th Region Facilitators; African World Studies Institute; Ancient African Market place; Association Relwende pour le Developpement; Black Economics; Caribbean Rastafari Organisation; CEDET, Centro de Desarrollo Etnico; CFEMEA; Centro de" Estudos Feminista e Assessoria; Commemoration Committee; Comunidade Baha.'i of Brazil; Congress Against Racism; Consejo Nacional Afro Boliviano; Coordenacao Nacional de Entidades Negras; CRIOLA; Dream Africa; Educafro; Expressions d'Afrique; Federation of African DiaspOra Organizations: Un Bondru; Federation of Black, Migrant & Refugee Women's Organizations & Youth Department Tiye; FederaciOn Espalinla de Afrodescendientes; GELEDE, Institute da Mulher Negra; International NGO Congress; Global Migration POlicy Associates; Grupo de Estudios etnieoraciales, Universidad del Valle, Colombia; Ichitoughanaim, Council for the Advancement of Rastafari; IYPAD Barbados NGO Chapter; Federal University of Rio de Janeiro; Law Keepers; Minority Rights Group; Mundo Afro; National Commission against Discrimination of Panama; Network/Experts & Civil Society African (Diaspora) Non State Actors; Our African Heritage; Pan African Diaspora Union; Pan African Strategic & Policy. Group; Parents Association, St John's School; Red de Organizaciones de Mujeres Afro Guatemaltecas; Slavery Past; Sub-Committee for the Elimination of Racism; Sub-Regional Diaspora Council Coalition; The Caribbean Diaspora Association; The Foundation National Monument Dutch Slavery Past; The Office of African Nova Scotian Affairs; The Pan-Africanist of Black Communities; The Universal Day of Hope Trust.

A compilation of the submissions received is available for consultation in the. Secretariat of the Working Group of Experts on People of African Descent.

The Working Group expects that, through innovative and holistic approaches to achieving equality and non-discrimination, the Programme of Action for the Decade will create opportunities for a substantive and positive contribution to the advancement ofall human rights and fundamental freedoms of people of African descent around the world. It also expects that the Programme of Action will be a useful tool to pave the way for various future work done by all States in all regions of the world, the international community and civil society for the advancement, promotion and protection of human rights of all people of African descent including those affected by multiple forms of discrimination (e.g. children, women, migrants, persons with disabilities and older persons). As such the Working Group calls on all relevant


 

actors to work together at national, regional and international levels to achieve the goals set forth in the Draft Programme of Action.

Likewise, the Working Group considers that a Programme of Action for the Decade for People of African Descent is necessary in order to draw attention to the plight of a group which, despite constituting ..a significant proportion of the world's population, is in many eases systematically thwarted in the enjoyment and exercise of its fundamental rights. Accordingly, and because of the special and unique nature of discrimination often faced by people of African descent, especially because of the legacies of colonialism, slavery and the transatlantic slave trade, the Working Group deems it appropriate to make a careful distinction between their situation and that of other groups who also face racial and other forms of discrimination. It also sees the need to construct and delineate specific juridical categories that make it possible to address their needs adequately and overcome the obstacles they face. Therefore the Working Group believes that the Decade should adopt a United Nations Declaration on the Promotion and Full Respect of the Human Rights of People of African Descent as recommended by CERD.

1.2 Overview of the current human rights situation of people of African descent

In line with the General Recommendation N 34 on racial discrimination against people of African descent of the CERD and the definition contained in the DDPA, for the purposes of this Draft Programme of Action, people of African descent are those referred to as such in the Durban Declaration and Programme of Action and who identify themselves as such. People of African descent comprise a heterogeneous group with diverse histories, experiences and identities. The Working Group notes that the circumstances in which this group lives, and the problems they face, differ from one country to another and from one region to another. Nevertheless, it is possible to point at a series of general and global cross-cutting issues that must be addressed, including structural and institutional discrimination, marginalization, stigmatization, and barriers to equal access to civil, political, economic, social and cultural rights and their right to development.

Racism and structural discrimination against people of African descent, rooted in the infamous regime of slavery, the slave trades and colonialism, and reinforced by the context of globalization are evident in the situations of inequality affecting them worldwide and are manifest, inter cilia, in the following domains: their grouping, together with indigenous peoples, among the poorest of the poor in many countries; often inhabiting the regions, districts and areas, both rural and urban, with the most precarious infrastructure and being more exposed to crime and violence; low levels of participation and underrepresentation in political and institutional decision-making processes; barriers in access to and completion of quality education, which results in the inter-generational transmission of poverty; inequality in access to the labour market; a dispropOrtionate presence in prison populations; limited social recognition and valuation of their ethnic and cultural diversity; and religious intolerance against religions of African origin.'

Many people of African descent are adversely affected by multiple or aggravated forms of discrimination based on other related grounds such as sex, language, religion, political or other opinion, social origin, property, birth or other status. Age is also used as a means of discrimination, resulting in older persons, children and youth of African. descent experiencing multiple forms of discrimination. In addition, women of African descent have historically suffered and continue to stiffer compounded discrimination based on racial or ethnic origin, socio-economic status and gender. This multiple discrimination manifests in situations of limited access to education, employment and security, and vulnerability to gender-based violence. Furthermore, women of African descent often suffer higher rates of maternal mortality due to multiple discrimination they face in access to medical care related to pregnancy.2 The situation of women

I See, General Recommendation No 34 on Racial discrimination against people of African descent of the Committee on the Elimination of Racial Discrimination and Inter-American Commission on Human Rights, 2011. The Situation of African Descendant People in the Americas, Available at: latp://wwvv.cidh.oas.orWpdP/020files/AFROS%202011%20ENG,pdf

2 See; CEDAW's view in the Pimento! vs Brazil case, CEDAW/C/49/D/17/2008



 

of African descent is particularly grave in conflict and post-conflict contexts and they often make up disproportionate percentages of displaced persons.'

The relationship between race, social and economic status and citizenship means that migrants, refugees and asylum seekers of African descent around the world are often in a particularly vulnerable situation. Many experience violations related both to xenophobia as foreigners, and racism based on their African descent. They often encounter barriers in access to employment and many resort to working in informal and precarious jobs, often in dangerous conditions. Access to health services, education, housing and social security is also particularly limited for many such migrants.

Public and political discourse and its impact on immigration policies often results in migrants and indeed nationals facing racial discrimination, being used as scapegoats for economic and social difficulties faced by societies, particularly in relation to the availability of jobs, housing and health services. Within such a discourse, they are often portrayed as criminals and security threats. Such discourse enflames mistrust, fear and resentment towards them which results in further discrimination, racism and xenophobic attitudes, often manifested in violent acts.4 Migrants in an irregular situation, refugees and asylum seekers are particularly targeted. In some countries, people of African descent are also often disproportionately represented among groups of internally displaced persons. Multiple forms of discrimination are also a recurring reason for the denial or deprivation of nationality and therefore a cause of statelessness.

The administration of justice is a crucial and immediate issue to be addreSsed for people of African descent. The structural and institutional discrimination suffered by this group should also be analyzed in light of the obstacles they encounter when trying to access domestic judicial remedies. The Working Group acknowledges, on .a positive note, the recent adoption in some countries, of legislation, policy measures and programs to combat racial discrimination and awareness raising activities, and supports the adoption of measures designed to ensure effective progressive implementation of that legislation. .Notwithstanding the foregoing, the impossibility of accessing complaint and reparation mechanisms, be they administrative or judicial, is a factor contributing to the persistence of racism. In addition, the absence of judicial guarantees and the lack of sensitivity of justice systetn operators with respect to racial discrimination, contribute to even deeper resignation on the part of the discriminated groups, and help perpetuate patterns of exclusion and impunity. 5

Persistent discriminatory practices within justice systems have devastating effects on people of African descent. Young men of African descent face alarming high rates of police violence. Racial profiling6 continues to be widely applied as a selective and discretionary mechanism for detaining and investigating and this practice directly affects people of African descent and it is inextricably linked to their overrepresentation in arrest rates, and in prison populations.

The discrimination that people of African descent face perpetuates cycle's of disadvantage which hinder human development. Under the right to development, people of African descent have equal right to full, active and meaningful participation in development decision-making, and to benefit equally and fairly from development gains. Article 6 of the Declaration on the Right to Development embodies nondiscrimination and the elimination of obstacles to development resulting from failure to observe civil and political rights, as well as economic, social and cultural rights.

The situation of people of African descent in many cases remains largely invisible, with a lack of official
disaggregated statistical data to demonstrate the extent of discrimination. Furthermore, there is limited
recognition of their histories, heritage and contributions to nations' development in education curricula,

3 Ibid, Inter-American Commission on Human Rights, 2011

4 See Doudou Diene, 2008, Annual report of the Special Rapporteur on contemporary forms of Racism, racial discrimination, xenophobia and related intolerance. Submitted to the Human Rights Council, 7th Session. A/HRC/7/19

5 ibid, Inter-American Commission on Human Rights, 2011

6 Racial profiling is understood as "the practice of police and other law enforcement officers relying, to any degree, on race, colour, descent or national or ethnic origin as the basis for subjecting persons to investigatory activities or for determining whether an individual is engaged in criminal activity" (DDPA, para.72).



 

popular culture, or the media, and where people of African descent are featured, images often respond to negative stereotypes informed by structural and deep rooted discriminatory attitudes. Insufficient recognition and respect have been given to the efforts of people of African descent to seek redress for their present conditions, including through calls "of the moral obligation on the part of all concerned States to take appropriate and effective measures to halt and reverse the lasting consequences of those practices."/ The Working Group hopes that the Decade will see progress in this, regard.

2. Normative Framework for the Decade

The principle normative framework for the Decade will be the Durban Declaration and Programme of Action and the Outcome Document of the Durban Review Conference. The Working Group also reaffirms that the principal international human rights convention to prevent, combat and eradicate racism, racial discrimination, xenophobia and related intolerance is ICERD. The effective implementation of the above mentioned instruments together with other relevant human rights . instruments as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic Social and Cultural Rights (ICESR), are essential for achieving the aims and objectives of the Decade.

Further efforts are needed by States to protect people of African descent from racial discrimination and to ensure that they enjoy all human rights on an equal footing. It is particularly important to stress that nondiscrimination and equality before and of the law constitute fundamental principles of international human rights law. The notion of equality is inseparable from the notion of human dignity essential to each and every person. Respect for human rights and the principles of equality and non-discrimination are interdependent and underpin the Universal Declaration of Human Rights and the main international human rights treaties and instruments. Furthermore the International Court of Justice held that the prohibition of racial discrimination constituted an obligation erga omnes.

The right to equality and non-discrimination requires States to guarantee non-discrimination in the exercise. of each human right. States must strive to guarantee that all human rights are applied on a basis of equality of access, opportunity and results, in fact and in law, for all persons, including people of African descent. States have the obligation to protect all human rights, including the right to nondiscrimination. This obligation requires the State and all of its bodies to prevent and punish the violation of human rights by any State or non-State actor. It further requires States to adopt all necessary measures, including Special measures, to remove any obstacles that may impinge upon the enjoyment of the human rights.

3. Strategic Goals

The suggested goal for the Decade is "Recognition, Justice, Development." The Working Group considers the three themes of Recognition, Justice and Development as interdependent and mutually reinforcing.

3,1 Recognition

Recognition of people of African descent as a distinct group is essential to increasing their visibility and thus to the realization of their rights. People of African descent must be recognized in national constitutions and legislation. Special attention must be paid to the collection of disaggregated data, to assess the situation of people of African descent. Data should he disaggregated in accordance with. provisions on human rights and fundamental freedoms, such as data protection. regulations and privacy

Durban Declaration, paragraph 102



 

guarantees! Such efforts are essential steps for States to acknowledge and address the discrimination faced by people of African descent and ensure the protection and promotion of their human rights. Recognition is also related to the respect for the culture, identity, history and heritage of people of African descent.

3.2 Justice

The notion of justice recognizes that people of African descent have historically been and in many cases continue to be victims of violations of their human rights. To address these violations it is necessary to ensure the full and effective implementation of relevant human rights instruments. It is essential to combat the widespread impunity for manifestations and practices of racism and racial discrimination targeting people of African descent. The Durban Declaration recognized and re-affirmed the right of individual victims to seek just and adequate reparation or satisfaction for any damage suffered as a result of racial discrimination.9 Efforts need to be redoubled in order to ensure equal access to justice and equal protection of the law at all stages of law enforcement, from interaction with the police, to presentation of court cases and sentencing.

Concerning reparations for slavery and the transatlantic slave trade, the Durban Declaration affirms that "telling the truth about history [is an] essential element for international reconciliation and the creation of societies based on justice, equality and solidarity..."1 Further, the Declaration notes "that some States have taken the initiative to apologize and have paid reparations where appropriate, for grave and massive violations committed"11 and calls on those that have not yet expressed remorse or presented apologies to find some way to contribute to the restoration of the dignity of the victims ,2a "moral obligation" is cited to take appropriate steps to address the lasting consequences.13

International human rights lave' has recognized the need for special measures to remedy or compensate for the effects of past injustice and structural discrimination in order to avoid the perpetuation of such discrimination and as a means of guaranteeing substantive equality and the enjoyment of fundamental rights.

3.3 Development

Paragraph 158 of the .Durban Programme of Action "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 also recognized "the need to develop programmes for the social and economic development of these societies and the Diaspora, within the framework of a newpartnership based on the spirit of solidarity and mutual respect in areas including, debt relief, poverty eradication, market access and the promotion of foreign direct investment, among other areas15. In View of the above, in the present document, development in relation .to people of African descent should be viewed in two streams. Primarily it is essential to recognize the role that people of African descent have played in global development, both recognizing the contribution that the African continent has historically made to worldwide development, especially during the operation of slavery and the transatlantic and other slave trades, and the contributions that Africans and the African Diaspora have made and continue to make to

See, Durban Programme of Action, paragraph 92

9 Ibid., par. 104 1 Ibid., par. 106

11 Ibid., par. 100

12 Ibid., par. 101

13 Ibid., par. 102

14 See, United Nations. Committee on the Elimination of Racial Discrimination's General Recommendation N32 (2009)

15 See, Durban Programme of Action paragraph 158



 

the development of nations. Secondly development must be addressed in terms of the development issues that people of African descent continue to face including poverty and low access to education, health, employment and political participation. The historic and continued underdevelopment that has plagued people of African descent throughout the world must be reversed and specific attention must be paid to this group in initiatives to realize the Millennium Development Goals and post 2015 international and national development objectives.

In a period of economic and financial crisis, it is necessary to strengthen efforts in integrating human rights into all approaches to development, where the realization of rights are the goals of development. The Declaration on the Right to Development recognizes that development is a comprehensive economic, social, cultural and political process, which aims at the constant improvement of the well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting therefrom without any kind of discrimination. It should also be stressed that repairing the damage done by slavery and the slave trades will contribute to development

4. Objectives

Based on the given mandate and with due consideration to the current and historic situation of people of African descent and the imperatives outlined in the DDPA, it is recommended that the Programme of Action for the Decade should have the following key objectives:

i. to ensure the right to the full enjoyment by people of African descent in all regions of the world, of all human rights and fundamental freedoms, as recognized in the Universal Declaration of Human Rights, through the effective implementation of the Durban Declaration and Program of Action; the Outcome document of the Durban Review Conference, the International Convention on the Elimination of Racial Discrimination (ICERD), and other relevant international and regional human rights instruments;

ii. to eliminate racism, racial discrimination, xenophobia and related intolerance and promote full and effective equality for people of African descent particularly through special measures/affirmative action and in a manner that is culturally relevant;

iii. to create for people of African descent an appropriate tool for empowerment which guarantees their meaningful participation and inclusion in development processes; in social, economic, cultural, political and civil life; and in decisions that affect their lives;

iv. to increase the visibility of people of African descent by ensuring the collection of disaggregated data and research, and sensitizing them and wider society about their human rights, their cultures and contributions to the development of societies and their histories including the history and on_ going consequences of slavery, the slave trade, the transatlantic slave trade and colonialism;

v. to urge international financial and development institutions and the operational programme and specialized agencies of the United Nations to give greater priority to and allocate appropriate funding for, programmes addressing the development challenges of the affected States and societies, in particular those of on the African continent and in the Diaspora;16

vi. to adopt and strengthen international, regional and national legal framework on the rights of people of African descent, particularly as recommended by the Committee on the Elimination of Racial Discrimination, through the adoption of a United Nations Declaration on the Promotion and Full Respect of the Human Rights of People of African Descent.

16 Ibid., par. 159



 

5. Priority Areas for the Decade for. People of African Descent

5.1 Recognition

5.1.1 Giving effect to the right to equality for people of African descent.

States should take the necessary steps to give full effect to the right to equality and nondiscrimination of people of African descent.

i. Recognizing the interdependence of rights and the importance of a holistic approach to achieving

equality and non-discrimination, take necessary steps to remove all obstacles that prevent the enjoyment of economic, social, cultural, civil and political rights by people of African descent and promote the effective implementation of relevant domestic and international legislation;

ii, Undertake a comprehensive review of their domestic legislation, with a view to i) identifying and

abolishing provisions that entail direct or indirect discrimination; _ii) recognising where relevant people of African descent in national constitutions; iii) adopting comprehensive antidiscrimination legislation ensuring its effective enforcement to promote equality and eliminate discrimination in line with ICERD. Reform of existing norms is an obligation, and also an important tool for shedding light on the situation of people of African descent and helping to raise awareness and alter historical patterns of marginalization and exclusion;

iii. Adopt and implement action oriented plans, programs and any initiative designed to ensure the full and equal enjoyment of human rights and fundamental freedoms by people of African descent, including National Action Plans against Racial Discrimination with the participation of people of African descent;

iv. Establish and maintain a body or a system of coordinated bodies to promote racial equality. States must ensure the independent status and competences of such bodies in line with the United Nations Paris Principles," as well as ensuring adequate funding and transparent procedures for the appointment and removal of their members;

v. Provide training and capacity building for National Human Rights Institutions (NHRIs), and other relevant governmental bodies to ensure the principles of equality and non-discrimination and issues of people of African descent are addressed through their work, Relevant government bodies should carry out activities to promote and protect the rights of people of African descent within their programs;

5.1.2 Education on equality and awareness-raising measures

Recognizing the contribution of the African Continent and of 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 UNESCO:

Promote a greater knowledge of and respect for the heritage and culture of people of African descent, particularly for children and youth, through intercultural education and dialogue, awareness raising measures designed to protect and promote African and African descent culture in its various manifestations, self-esteem and positive identities, and adopt specific plans for the ethnic recognition and visibility of people of African descent;

Promote ethno-education, formal and informal, allowing the possibility for people of African descent to contribute to educational systems to provide education in their own languages and in a manner appropriate to their cultural methods of teaching and learning;

17 Adopted by General Assembly resolution 48/134 of 20 December 1993.



 

iii. Adopt measures to eliminate socio-cultural ideas inherited from the period of slavery and colonialism, which perpetuate racism and racial discrimination against people of African descent and their continued invisibility at all levels of society. To this end design and implement social education programs which promote inter-cultural dialogue and respect for all cultures and communities with the active participation of civil society;

iv. Revise and diversify basic, secondary and tertiary education curricula in favour of more inclusive education which respects and recognizes the experiences, the history and contributions of the African Continent and people of African descent throughout the Diaspora to their respective societies and to global development; and make history a compulsory subject at the primary and secondary educational levels, thereby giving children of African descent a connection with their past and a sense of cultural identity:

v. Curriculum developers, schools, universities, professional and vocational training programmes and institutions should be encouraged and assisted to develop specific curricula and teaching materials, directed toward past and present situation of people of African Descent;

vi. " Preserve knowledge on culture and history of people of African descent in musea and other fora for future generations, and encourage and support the publication and distribution of books and other print materials as well as the broadcasting-of television, radio programs and through the internet about their history and cultures;

vii. Consider establishing a National Day for people of African descent and for the Commemoration
of the victims of the slave trade in consultation with African-descended civil society. Other relevant days, such as the International Day for the Remembrance of the Slave Trade and its Abolition (23'
d August), the International Day of Remembrance of the Victims of Slavery and the Transatlantic Slave Trade (25th March), African. Liberation day (25th May), and the International Day for the Elimination of Racial Discrimination (21St March); should also be commemorated;

viii. Adopt measures to preserve, protect and restore the intangible patrimony and spiritual memory of
sites and places of the slave trade and slave resistance, through building musea, monuments visual art and other means with the aim of providing a place for reflection and giving increased visibility to this history and culture of the African, including the permanent memorial that would be placed at the United Nations headquarters to honour the memory of the victims of slavery and the transatlantic slave trade, in keeping with paragraph 99 of the .Durban Declaration which "... call upon States concerned 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."

ix. Share and exchange good practices of other countries and regions that have been able to address the negative heritage of slavery and to build inclusive, intercultural and multi-ethnic societies;

x. Encourage civil society to work with media and communications companies to promote more positive and inclusive images and representations of people of African descent to increase their visibility within society and challenge negative stereotypes and resultant discrimination. To this end, special attention shall be paid to the training and sensitization of media professionals;

xi. Special attention shall be given to the training and sensitization of police, prison officials, lawyers, judges, teachers and curriculum developers, the armed forces, international civil servants, development officers, the media, government officials, parliamentarians, nongovernmental organizations and other groups which are in a particular position to effect the rights of people of African descent. Such training should aim at ending negative representations of

 


 

AfriCans and African descendants that cause racism and racial discrimination, particularly in the administration of justice and racial profiling practices.

 

xii. Efforts to increase the visibility and recognition of people of African descent, their histories and experiences should emphasize them as survivors or resisters, but at the same should recognize that people of African descent are victims of human rights violations under international law

xiii. Promote research and compile existing information on the contribution of Africans and African descendants, history and culture of nations, in order to foster the development of national identity from a democratic perspective, recognising the diversity of contributions nations and promote knowledge and understanding of the causes, consequences and evils of racism, racial discrimination, xenophobia.

5.1.3 Recalling General Recommendation N 34 of CERD

by which it is recognized that people of African descent live in many countries of the world, either dispersed among the local population or in communities, where they are entitled to exercise, without discrimination, individually or in community with other members of their group, as appropriate, the following specific rights:

i. The right to property and to the use, conservation and protection of lands traditionally occupied by them and to natural resources in cases where their ways of life and .culture are linked to their utilization of lands and resources;

ii. The right to their cultural identity, to keep, maintain and foster their mode of life and forms of organization, culture, languages and religious expressions;

iii. The right to the protection of their traditional knowledge and their cultural and artistic heritage;

iv. The right to prior consultation with respect to decisions which may affect their rights, in accordance with international standards;

5.1.4 Duty to gather information

In line with paragraph 92 of the Durban Programme of Action, States should « collect, compile, analyse, disseminate and publish reliable statistical data at the national and local levels and undertake all other related measures which are necessary to assess regularly the situation of individuals and groups of individuals who are victims of racism, racial, discrimination, xenophobia and related intolerance;

i. Such statistical data should be disaggregated in accordance with national legislation. Any such

information shall, as appropriate, be collected with the explicit consent of the victims, based on their self-identification and in accordance with provisions on human rights and fundamental freedoms, such as data protection regulations and privacy guarantees. This information must not be misused;

ii." The statistical data and information should be collected with the objective of monitoring the

situation of marginalized groups, and the development and evaluation of legislation, policies, practices and other measures aimed at preventing and combating racism, racial discrimination, xenophobia and related intolerance, as well as for the purpose of determining whether any measures have an unintentional disparate impact on victims. To that end, it recommends the development of voluntary, consensual and participatory .strategies in the process of collecting, designing and using information;

iii. The information should take into account economic and social indicators, including, where

appropriate, health and health status, infant and maternal mortality, life expectancy, literacy,


 

education, employment, housing, land ownership, mental and physical health care, water, sanitation, energy and communications services, poverty and average disposable income, in order to elaborate social and economic development policies with a view to closing the existing gaps in social and economic conditions. »

5.1.5 Participation and Inclusion

States must facilitate full participation and inclusion of people of African descent in all political, economic, social and cultural aspects of society, including all levels of decision-making processes and in the advancement and economic development of the country in which they live, as well as their country of origin. To this end States are requested to:

i. Undertake capacity building and awareness raising' campaigns in communities to encourage active participation in electoral processes;

ii. Consult and involve people of African descent in the development and implementation of laws, policies and programs that concern them, including National Action Plans against Racial Discrimination;

iii. Implement activities and programs to strengthen leadership among people of African descent;

iv. Undertake initiatives for participation which should be carried out with special consideration for the meaningful participation of women and young people of African descent;

5.2 Justice

5.2.1 Administration of justice

Much of the unjust treatment experienced by people of African descent stems from the triple

effects of colonialism, slavery and the transatlantic slave trade. States must therefore introduce all the necessary steps to ensure equality before the law, notably in the enjoyment of the right to equal treatment before the tribunals and all other organs administering justice including:

Assuring for people of African descent effective protection and remedies, through the competent national tribunals and other State institutions,. against any acts of racial discrimination, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination; 18

ii. Criminalizing all acts of racism in particular the dissemination of ideas based on racial superiority or hatred, incitement to racial hatred; violence or incitement to racial violence, but also racist propaganda activities and participation in racist organizations. States are also encouraged to incorporate a provision in their criminal legislation to the effect that committing offences for racial reasons generally constitutes an aggravating circumstance; 19

iii. Fully implementing CERD General Recommendation N 31 on the prevention of racial

discrimination in the administration and functioning of the criminal justice system, particularly:

a. Facilitating access to justice for people of African descent, victims of racism, by supplying the requisite legal information of their rights; promoting, in the areas where people of. African descent live, institutions such as free legal help and advice centers, legal information centers and centers for conciliation and mediation; granting victims effective judicial cooperation and legal aid, including the assistance of counsel and an interpreter free of charge;

18 Art. 6 of ICERD

19 Art. 4 of ICERD



 

b. instructing competent services to receive people of African descent who are 'victims of Acts of racism in police stations in a satisfactory manner, so that complaints are recorded immediately, investigations are pursued without delay and in an effective, independent and impartial manner, and files relating to racist or xenophobic incidents are retained and incorporated into databases;

c. Seeking to eliminate the potential discriminatory effects of certain domestic legislation on terrorism, immigration, nationality, banning or deportation of non-citizens from a country as well as legislation that has the effect of penalizing without legitimate grounds certain groups or membership of certain communities, including people of African descent, and in any case respecting the principle of proportionality in its application;

d. Pursuing national strategieS with the objective of (a) eliminating laws that have an impact in terms of racial discrimination, particularly those which target people of African descent indirectly by penalizing acts which can be committed only by them, or laws that apply only to non-nationals without legitimate grounds or which do not respect the principle of proportionality; (b) developing, through appropriate education programmes,. training in respect for human rights, as well as sensitization to intercultural relations for law enforcement officials, police personnel, and persons working in the system of justice to eliminate discriminatory practices including institutional racism;

e. Taking the necessary steps to prevent questioning, arrests and searches which are in reality based solely on the physical appearance of people of African descent, or any profiling which exposes them to greater suspicion. To that end, it is vital both to modify institutionalized stereotypes concerning people of African descent and to apply appropriate sanctions against law enforcements officials who act on the basis of racial profiles;

f. Preventing and most severely punishing violence, acts of torture, cruel, inhuman or degrading treatment and all violations of human rights affecting . people of African descent which are committed by State officials, particularly police and army personnel,. customs authorities, and persons working in airports, penal institutions and social, medical and psychiatric services;

g. Ensuring that people of African descent, like all other persons, 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.

iv. Bring to justice all offenders involved in trafficking and designing anti-trafficking campaigns, setting up special protection mechanisms, such as sheltered housing and special residence permits for women who want to escape from traffickers, and ensuring that social inclusion programmes for victims of trafficking are established;

v. Special attention shall be given to the training and sensitization of police, prison officials, lawyers, judges and other justice officials;

5.2.2 Special measures:

The adoption of special measures such as affirmative action is essential to alleviating and remedying disparities in the enjoyment of human rights and fundamental freedoms affecting people of African descent, protecting them from discrimination and overcoming persistent or structural disparities and de facto inequalities resulting from circumstances of history. 20 As such States should:

i. Develop or elaborate national action plans to promote diversity, equality, equity, social justice,

20 See, CERD in General Recommendations 34 and 32 as well as reiterated in observations and recommendations made by CERD to State parties



 

equality of opportunity and the participation of all.. Through, among other things, affirmative or . positive actions and strategies, these plans should aim at creating conditions for all to participate effectively in decision-making and realize civil, cultural, economic, political and social rights in all spheres of life on the basis of non-discrimination; 21

ii. Supported by international cooperation as appropriate, to consider positively concentrating additional investments in health-care systems, education, public health, electricity, drinking water and environmental control, as well as other affirmative or positive action initiatives, in communities of primarily African deseent;22

iii. Establish, on the basis of statistical information, national programmes, including affirmative or positive measures, to promote the access of people of African descent to basic social services, including primary education, basic health care and adequate housing;23

iv. Design, promote and implement at the national, regional and international levels strategies which may include special and positive measures, for furthering equal social. development and the realization of the civil and political, economic, social and cultural rights of people of African descent, including through more effective access to the political, judicial and administrative institutions;24

v. Adopt measures to achieve appropriate representation in educational institutions, housing, political parties, parliaments and employment, especially in the judiciary, police, army and other civil services, which in some cases might involve electoral reforms, land reforms and campaigns for equal participation;25

5.3 Development

5.3.1 Right to development and measures against poverty

States should take measures to realize the right to development for people of African descent as required by the 1986 Declaration on the Right to Development, taking into account the economic dimensions of reparations.26 Recognizing that poverty is both a cause and a consequence of discrimination, States should also take a rights-based approach to poverty alleviation which aims at the elimination of discrimination including:

i. Implementing development initiatives which aim to realize' the rights of people of African descent and in a manner appropriate to their culture and considering their identity. Such approaches should recognize the interdependence and interrelatedness of rights, taking a holistic approach to development and ensuring the full, active and Meaningful participation of people of African descent throughout development program cycles;

ii. Undertaking all necessary measures for the realisation of the right to development of people of African descent through ensuring equality of opportunities in their access to basic resources, education, technology, health, services, food, housing, employment, markets, loans and the fair distribution of income;

iii. Adopt measures to preserve, protect and restore traditional knowledge of people of African descent;

21 Durban Programme of Action, para. 99

22 mid, para. 5

23 Ibid, para. 100 Ibid, para. 107

25 Ibid, Durban Declaration, para. 108

26

See, Durban Programme of Action, para. 158 .



 

iv. Guaranteeing that the benefits of wider sustainable development initiatives are enjoyed fairly by people of African descent contributing effectively to the improvement of their quality of life, and addressed within existing mechanisms, or where necessary, developing mechanisms to prevent those aspects of globalization which may lead to racism, racial discrimination, xenophobia and related intolerance;

v. Working with international organizations, including international financial institutions, to ensure. the development projects they support take into account the economic and social situation of people of African descent;

vi. Cooperating to create an enabling international environment for ensuring investment, aid and trade policies which can further positive development outcomes for people of African descent and minimize harmful impacts, through human rights impact assessment and monitoring and evaluating. such policies;

vii. Recognising the rights of people of African descent in urban areas and facilitating access to
adequate housing, water and sanitation services and the development and ownership of property and holdings;

5.3.2 Education

States should take all necessary measures 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. States should:

i. Guarantee full access to free primary education and access to secondary education, ensuring that quality education is accessible and available in areas where communities of African descent live, especially rural and marginalized communities, with particular attention to improving the quality of public education;

ii. Take measures to ensure that public and private education systems do not discriminate against or exclude children of African descent, and that they are protected. from direct or indirect discrimination, stigmatization and violence from peers or teachers, which seriously hampers their educational experience. To this end training and sensitization should be provided to teachers and measures should be taken to increase the number of teachers of African descent working in education institutions;

iii. Combat the indirect discrimination faced by children in education systems by removing the negative stereotypes and imagery often used in teaching materials, ensuring the compulsory inclusion of the histories and cultures of people of African descent, including the transatlantic slave trade in curricula and the cultural or linguistic relevance of teaching for children of African descent;

iv. Take measures to reduce the school dropout rate for children of African descent with greater support and attention to families, addressing discrimination in schools and ensuring that curricula are accessible and relevant, including making bilingual education available where necessary;

v. Promote access to new technologies that would offer people of African descent, particularly women, children and young people, adequate resources for education, technological development and long-distance learning in local communities.

 


 

5.3.3 Employment

 

States should take measures to ensure the right of people of African descent, including migrant workers, not to be subject to any discriminatory conditions of labour, and, inter alia, employment or salary. To this effect States should:

i. Ensure that the workers' rights of people of African descent particularly migrants are respected and protected including those related to fair wages and equal remuneration for work of equal value without distinction of any kind, and to the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond their control, social security, including social insurance, access to education, health care, social services and respect for their cultural identity;27

ii. Support t and encourage trade unions to work with. African-descended civil society and communities to ensure their rights as workers as respected;

iii. Adopt or increase the effectiveness of legislation prohibiting discrimination in employment and all discriminatory practices in the labour market that affects people of African descent and protects them against all such practices;

iv. Implement 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;

v. Support and encourage business and entrepreneurship by people of African descent through training, capacity building and facilitating access to credit, particularly for women;

vi. Collect, compile, analyze, disseminate and publish reliable quantitative and qualitative data which reveals patterns of access to labour markets, participation in diverse sectors and positions with particular attention to migrants and women of African descent;

5.3.4 Housing

Recognizing the poor and insecure housing conditions in which many people of African descent live, States should develop and implement policies and projects aimed at ensuring that people of African descent gain and sustain a safe and secure home and community in which to live in peace and dignity. States should:

Implement special measures to ensure people of African descent have access to necessary services, potable water and sanitation, and avoiding the segregation or ghettoization of people of African descent into low standards of housing;

ii. Implement initiatives to support the development and improvement of poor housing conditions particularly in slum areas and informal settlements. To this end States should involve Afro- descendant communities as partners in housing project construction, .rehabilitation and maintenance;

iii. Take measures to ensure security of 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;

27 See, Durban Programme of Action, para, 30 (g).



 

5.3.5 Health

States must enhance measures to fulfil the right of people of African descent to enjoy the highest attainable standard of physical and mental health, with a view to achieving progressively the full realization of this right and eliminating disparities in health status, which might result from racial discrimination, including;

i. Involving people of African descent in designing and implementing health-based programmes and projects;

ii. Ensuring that quality health services are available and accessible without discrimination with special effort to increase availability in rural and marginalised areas high populations of people of African descent;

Hi. Undertaking training and sensitization initiatives with health service providers to ensure that

people of African descent do not experience racism or discrimination when seeking services and that services are provided in a manner appropriate to their culture;

iv. Ensuring health education material and information is available in a wide variety of languages

and available and accessible to people of African descent including those most vulnerable;

5.4 Multiple Forms of Discrimination

States should adopt and implement laws, policies and programs which provide effective protection for people of African descent that suffer multiple or aggravated forms of discrimination based on other related grounds such as, but not exclusive to, sex, language, religion, political or other opinion, social origin, property, birth or other status rooted in the DDPA.28 States should also review and repeal all policies and laws that could negatively affect all people of African descent who suffer from multiple forms of discrimination; States should pay particular attention to:

i. Ratifying and implementing legislation that has particular relevance.for the rights of women and girls of African descent including 11,0 Convention 189 on Domestic Workers;

ii. Mainstreaming a gender perspective in designing and monitoring public policies, taking into account the specific needs and realities of women and girls of African descent and adopting a holistic approach to ensure their rights;

iii. Paying special attention to the multiple forms of discrimination and exploitation that women and migrants of African descent face in the workplace particularly those in informal work situations in sectors such as domestic service, agriculture and construction, and adopt and implement legislation that protects their rights;

iv. Implementing mass media and information campaigns to eliminate racist and sexist stereotypes and prejudices against women of African descent. Human rights education and specific gender and equality issues must be incorporated into training for law enforcement officials, the media, health authorities, labour unions, immigration authorities, members of the armed forces, prison personnel and teachers;

v. Giving special attention to the health needs and rights of women of African descent, including the right to sexual and reproductive health, trauma treatment and counselling for women in especially difficult circumstances. Health policies and programmes must be culturally relevant.

28 See the Durban Declaration para. 2.



 

Providing training and sensitization to health care professionals, so racist stereotypes and prejudices against women of African descent can be eradicated.

vi. Adopting special measures to ensure equality in the exercise of children's rights, in particular corresponding to the areas that most affect their lives including access to quality education, housing, health services, social prOtection and development;

vii. Undertaking initiatives specifically aimed at protecting the special rights of children of African descent in vulnerable situations, such as unaccompanied migrant and refugee children, children with disabilities, children living and working in the streets, children in conflict with the law and children in situations of armed conflict;

Adopting special measures to addressing the specific violence that boys and youth of African descent face and taking measures to protect children from economic exploitation (particularly in per-urban areas of major cities) and from performing any work which exposes them to physical and mental harm, violence and abuse that limit their enjoyment of their right to education; and combating the sexual exploitation and trafficking of children of African descent particularly as it intersects with racial discrimination, poverty and gender inequality faced by many girls of African descent;

ix. Signing and ratifying or acceding to the 'core' instruments on migrants rights protection, namely the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW), ILO Convention 97 on Migrant Workers and ILO Convention 143 on migration for employment (Supplemental Provisions), for those States that have not yet done so and effectively implementing for those that have done so;

x. Ensuring that information on health, employment, housing and other services is accessible and available in all relevant languages and in a manner consistent with the cultures of migrants of African descent;

xi. Working with the media. while maintaining full respect for freedom of opinion and expression, to develop codes of conduct which include Measures to prevent inaccurate and negative stereotypical depictions of migrants, refugees and asylum seekers which can cause or exacerbate xenophobic and racial hatred and violence. Ensuring that migrants of African descent are able to enjoy equal access to justice, including in the context of racist crime;

xii. Refraining from taking discriminatory measures and from enacting or maintaining legislation that would arbitrarily deprive persons of their nationality, especially. if such measures and legislation render a person stateless. Ensuring that all migrant children, regardless of the migratory status of their parents, have access to birth registration;

xiii. Respecting and implementing humanitarian obligations relating to the protection of refugees, asylum-seekers, returnees and internally displaced persons;

xiv. Recognizing that older persons of African descent face increased risk of discrimination and vulnerability, and adopting measures to ensure they have access to pensions, social security or relevant social protection schemes and to culturally relevant and sensitive health care;

xv. Ensuring full promotion and protection of people of African descent with disabilities, particularly equal access to health, education and employment, and adopt measures for their inclusion in social, economic, political and cultural life, with particular attention to ensuring their participation in the design of programs and policies that concern them;

6. Duty bearers and other actors


 

The Decade should be perceived as an international initiative, which will bring together several actors at the international, regional and national levels.

6.1 National Level

The principal responsibility for the protection and promotion of the rights of people of African descent rests with. Member States. The political commitment should come from the top of goVernment and should be mainstreamed throughout the work of relevant State actors including parliamentarians; relevant ministries particularly those responsible for police and justice system, labour, education, health, women, social welfare, defence and the armed forces, finance, planning and development; and security institutions such as the armed forces and police.

Particular attention should also be paid to the roles of national human rights institutions, human rights NGOs, NGOs focusing on racial equality issues, representative members of people of African descent; community organizations, particularly those dealing with social issues such as health, housing, education, development assistance, migrants, minorities, religious issues, refuges and asylum seekers; merribers of the judiciary and jurists; trade unions and professional groups, including associations of teachers, lawyers, journalists; human rights experts; academies and educators; representatives of research institutes; the media; corporate representatives, including business and industry associations; private foundations. Special efforts should be made to raise awareness of the Decade and the issues within the general public.

6,2 Regional Level

Regional organizations including the Inter-American System, the African Union and the European Community, the ASEAN, CARICOM, and other regional mechanisms within their. areas of competence,

6.3 International Level

Include United Nations programmes, funds, specialized agencies and other bodies; international financial and. development institutions; all intergovernmental organizations, international non-governmental organizations

Activities carried out under the Decade should be designed to bring the objectives of the Decade to as wide an audience as possible, involving the general public, through campaigns, events, researches, development of legislation and policies, including education.

7 Strategies at the International level

The International community in general and in particular relevant United Nations programmes, funds, specialized agencies and other bodies; international financial and development institutions; regional organizations and other international mechanisms within their areas of competence, should give the highest priority to addressing the human rights and development challenges faced by people of African descent, by inter alia implementing sustainable programs and measures and allocating appropriate funding. As such they should:


 

i. Address the issues related to people of African descent from the angle of equality and nondiscrimination and as a cross-cutting issue across their respective areas of work and ensure that initiatives, research and measures are' adopted to realize all their rights and freedoms;

ii. Create mechanisms to monitor the situation of people of African descent' with a particular focus on patterns of discrimination and its effect on the enjoyment of economic, social and cultural as well as civil and political rights.

iii. Adopt human rights-based development programmes in their fields of competency which address human rights and development of people of African descent including access to education, employment, health, housing, land. and labour. They should establish partnership with people of African descent, support their initiatives at the community level and facilitate the exchange of information and technical know-how;

iv. See the Decade as an opportunity to advance talks with people. of African descent on the issue of reparation and reconciliation for slavery and the transatlantic and trans-Saharan trades in captured African people;

Y. Introduce initiatives aimed to achieve the Millennium Development Goals, ensure that future

development objectives post-2015, take full consideration of the situation and rights of people of African descent. Monitoring and evaluation activities of such initiatives measure their impact on people of African descent through the use of appropriate indicators and collection of reliable disaggregated data;

vi. Encourage the following United Nations specialized agencies to develop studies and reports, regarding the themes of the International Decade such as the Food and Agriculture Organization (FAO), the World Bank Group, the International Labour Organization (ILO), the World Health Organization (WHO), United Nations Educational, Scientific and Cultural Organization (UNESCO), and the following United Nations programmes, funds and offices such as the United Nations Development Programme (UNDP), the United Nations Children's Fund (UNICEF), Office of the High Commissioner for Refugees and the Office of the High Commissioner for Human Rights as well as regional commissions. During the forthcoming Decade, the above studies could be used to inform a mid-term review of the Decade with the view to monitoring the progress made, sharing learning and practice between key actors and informing plans and policies for the remaining five years of the Decade and beyond;

vii. Encourage the International Labour Organization to carry out activities and programmes to
combat racism, racial discrimination, xenophobia and related intolerance against people of African descent including migrants in work related areas, and to support actions of States, employers' organizations and trade unions in thiS field.

viii. Invite the United Nations Educational, Scientific and Cultural Organization to provide support
to States in the preparation of teaching materials and tools for promoting teaching, training and educational activities relating to human rights of people of African descent and their contribution to societies and their history

ix. Encourage the Office of the High Commissioner for Human Rights to continue the fellowship programme for people of African descent during the Decade. International human rights treaty monitoring bodies and thematic and country-specific Special Procedures- of the Human Rights Council, should, systematically monitor the human rights situations of people of African descent and request disaggregated information on this group / during reporting, periodic sessions and country visits;

 


 

x. Encourage the Office of the High Commissioner for Human Rights to continue its work on the development of a database containing good practices which has positive impact on addressing racial discrimination faced by people of African descent and invites States to share experiences, learning and practices to improve and systematise policies and programmes;

 

xi. Encourage the mainstream media to represent the diversity of a multicultural society and play a role in fighting racism, racial discrimination, xenophobia and related intolerance faced by people of African descent;

Invites the General Assembly to consider:

xii. Requesting the Working Group of Experts for People of African Descent in collaboration with the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, and CERD to elaborate a draft United Nations Declaration on the Promotion and full respect of the human rights of people of African. descent by 2015 for the approval by the Human Rights Council;

xiii. Establishing as a result of the Decade a United Nations Permanent Forum for People of African Descent to serve as consultation mechanism for representative organizations of people of African descent and other interested stakeholder

8. Coordination of the Decade

In recognition of the fact that action at the national and local levels is crucial to the effective promotion and protection of rights of People of African Descent, as is an effective international coordination structure, this Programme of Action lays out coordination plans at the following levels:

8.1 National Level

i. National focal points for implementation of the Programme of Action should be designated in the States with recognizable presence of people of African Descent. Such focal points may consist of specially constituted committees including representatives of relevant government agencies, non-governmental organizations including people of African descent organizations; or, alternatively, existing appropriate structures or national human rights institutions;

ii. Each national focal point should be charged with identifying national situation related with people of African descent, developing a national plan of action, raising funds, coordinating with regional and international bodies involved in implementing the objectives of the Decade and reporting to the Office of the High Commissioner for Human Rights on progress made towards the realization of the strategic goals of the Decade;

Each national focal point shall, as well, serve as a conduit for the channelling of international and regional input, information and support to the local and grass-roots level in their respective .countries;

iv. Each State shall be encouraged to establish a national human rights resource and research centre

capable of engaging in research, training of trainers, preparation, collection, translation and dissemination of materials related to the history and present situation of people of African descent, and organization of conferences, workshops and courses, or, where such centres already exist, to work towards their strengthening;


 

v. Civil Society should a) 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; b) develop capacity- building programmes intended for people of African descent with a particular focus on developing leadership skills; and implementation of the plan draws significantly on international technical cooperation.

vi. Urges States, in accordance with international human rights standards and their respective domestic legal framework, to resolve problems of ownership of ancestral lands inhabited for generations by people of African descent and to promote the productive utilization of land and the comprehensive development of these communities, respecting their culture and their specific forms of decision-making.

8.2 International and Regional Levels

i. Invites the General Assembly convening a mid-term World Summit on people of African descent involving the Member States, the United Nations specialized agencies, programs and funds as well as representatives of civil society focusing on the rights of people of African descent, in order to assess the progress achieved part way through the Decade for People of African Descent and to adjust plans and strategies for the remaining years as appropriate;

ii. Requests the Secretary-General to appoint the High Commissioner for Human Rights as the Coordinator of the Decade in order to follow up on the implementation of the provisions of the Programme of Action for the Decade. A. progress report on the implementation of these provisions will be presented by the Secretary-General to the General Assembly biannually, taking into account information and views provided by States, relevant human rights treaty monitoring bodies, special procedures of the Human Rights Council and other mechanisms of the United Nations, international, regional and non-governmental organizations, including organizations of people of African descent and national human rights institutions;

iii. Invites the Intergovernmental Working Group on the effective implementation of the Durban Declaration and. Programme of Action to adopt as standing agenda item the implementation of the Programme of Action for the Decade for people of African descent and to act as a reporting mechanism for the Decade;

iv. Requests that an inter-agency meeting with active participation of the WGPAD be organized immediately after the proclamation of the Decade, with a view to planning working meetings and other activities;

v. 'Request the High Commissioner for Human Rights to establish a Project for the Decade of People of African descent to assist the funding of projects and programmes which promote the goals of the Decade and ensure the participation of people of African descent to the Working Group and the Permanent Forum.