The 57th Session of the Human Rights Council
9 September – 11 October 2024
Item 9: Racism, racial discrimination, xenophobia and related forms of intolerance: follow-up to and implementation of the Durban Declaration and Programme of Action
2 October 2024
By Carolina Atlee / GICJ
Executive Summary:
On 2 October 2024, the 36th Meeting of the 57th Regular Session of the Human Rights Council (HRC) discussed racial justice and equality in law.
The interactive dialogue (ID) centred around two reports (A/HRC/57/67 and A/HRC/57/71) entitled “Promotion and protection of the human rights and fundamental freedoms of Africans and of people of African descent against excessive use of force and other human rights violations by law enforcement officers through transformative change for racial justice and equality.”
The report of the United Nations High Commissioner for Human Rights (A/HRC/57/67), Mr Volker Türk, focused upon intersectionality as an “essential framework” of systemic racism across every area of life. He presented his report during the ID, praising States that had already taken steps towards incorporating intersectional analyses into policy and decision-making but emphasising that further steps are required. Notably, A/HRC/57/67 emphasised the importance of using disaggregated data.
The report of the International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement (A/HRC/57/71) was presented by the Chair of the International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement, Ms Akua Kuenyehia. The Mechanism, which visited Brazil and Italy in 2023-2024, raised concerns about the persistence of broad impunity and systemic racism in law enforcement. Based upon its findings, A/HRC/57/71 suggested three minimum steps to combat impunity and provide justice: effective reporting, review, and investigation procedures, independent civilian oversight bodies, and independent mechanisms to support victims and communities. Overall, these reports were met with cooperation and praise by the majority of States and non-governmental organisations.
Geneva International Centre for Justice (GICJ) supports the recommendations in both reports. Adam Seymour, delivering a joint statement with the International Organisation for the Elimination of All Forms of Racial Discrimination (EAFORD), asserted GICJ’s position by calling for all States to adopt intersectional accountability measures, including specific intersectional legislation, disaggregated data, the use of body-worn cameras and identification names or numbers on all law enforcement officers, and the creation of civilian oversight bodies that are independent of, although work alongside, the police.
Background:
Based on the legacies of enslavement and colonialism, racial inequality is present in every area of life. The reports placed particular focus on law enforcement, where brutality, stop and search powers, and arrests disproportionately affect people of African descent. Both the High Commissioner and the Chair of the Mechanism emphasised the deep-rooted, structural nature of this racial inequality.
In most nations, the trans-Atlantic slave trade was formally abolished in the nineteenth century; however, a disdain for people of African descent prevailed. This resulted in the “Scramble for Africa” – widespread European imperialism across Africa – from 1870. Thus, many modern societal structures are rooted in outdated notions and prejudices that were reinforced by the trans-Atlantic slave trade and colonialism. The reports highlighted that, to advance equality in law, transformative change must acknowledge and directly address this structural violence. They followed the 2001 Durban Declaration and Programme of Action (DDPA), which prioritises recognising racism, a commitment to action, international cooperation, and follow-up Mechanisms.
The two reports (A/HRC/57/67 and A/HRC/57/71) are pursuant to Resolutions 56/13 and 47/21. RES 47/21, adopted by the HRC in July 2021, recognised the intersectional nature of systemic racism and called for a culture of accountability in law enforcement. It further called for the establishment of an International Independent Expert Mechanism to investigate violations of international law.
The Mechanism aims to advance racial justice and equality, specifically in law enforcement. Its duties include visiting to concerned States and directly interacting with affected individuals, communities, and other stakeholders. The Mechanism’s mandate specifically adopts an intersectional approach, particularly by considering the root causes of systemic racism. This approach is used to inform recommendations and draw connections. RES 56/13, adopted by the HRC in July 2024, renewed the Mechanism's mandate until the 66th session of the HRC.
The High Commissioner and the Mechanism’s reports have been composed in the global context of the Black Lives Matter (BLM) movement, which began in 2013 after the murder of 17-year-old Trayvon Martin. The movement’s popularity surged in July 2016 following the murders of Alton Sterling and Philando Castile only one day apart and in June 2020 following the May 2020 murder of George Floyd. The BLM movement has dramatically increased global public awareness of the disproportional impact of police brutality on people of African descent.
Report of the High Commissioner (A/HRC/57/67):
In the presentation of his report, the High Commissioner named seven individuals of African descent who were killed resulting from contact with law enforcement officers. He stated that his Office had been following the cases of Luana Barbosa dos Reis Santos (2016, Brazil), João Pedro Matos Pinto (2020, Brazil), Janner García Palomino (2020, Colombia), Adama Traoré (2016, France), Kevin Clarke (2018, United Kingdom), George Floyd (2020, United States), and Breonna Taylor (2020, United States). He highlighted the vitality of ensuring justice for these individuals, as well as all other victims.
The report primarily focused on States in Europe, Latin America, North America, and the Caribbean. It addressed RES 47/21, which recognised that systemic racism is intersectional by nature. Therefore, due to the intersectional nature of racism, colonialism, and its legacies, A/HRC/57/67 noted that an intersectional framework is required to combat it.
‘Intersectionality’, as termed by Kimberlé Crenshaw, challenges single-axis frameworks – such as gender or racial equality laws – that disadvantage individuals marginalised by multiple forms of oppression. An intersectionality lens, therefore, recognises the “diverse identities within groups and communities that are often portrayed as homogenous; and recognises that identities, experiences and needs are multidimensional, fluid, and context- and time-specific.”
Applying this to policymaking would allow decision-makers to more effectively address the lived experiences of those experiencing multiple forms of oppression. The report noted that women of African descent experience increased mistreatment in health care, including maternal and sexual health services. They also experience higher rates of mistreatment in areas like education, employment, and access to justice compared to men of African descent and women who are not of African descent. Similarly, children of African descent report more severe public profiling and stigma in schools. The report listed other examples of intersecting marginalisations, such as people of African descent who also identify as LGBT+, disabled, of low socioeconomic status, human rights defenders, and religious minorities. Additionally, many people of African descent are disproportionately affected by climate change.
These multiple intersecting forms of discrimination are also present in law enforcement and the criminal justice system. Notably, men of African descent are particularly vulnerable to increased risk of racial profiling, torture and ill-treatment, unlawful detention, and death. The report shared shocking statistics, including that, in the United Kingdom, people of African descent constitute 19.5% of deaths involving police violence – despite only accounting for 4% of the population.
A/HRC/57/67 attributed these inequalities to systemic racism. It acknowledged concerns that many discuss ‘intersectionality’ without properly understanding its meaning. To prevent the use of ‘intersectionality’ as a buzzword, the report suggested some tangible changes that should be introduced. First, States should adopt policies, including anti-discrimination legislation, that outlaw direct and indirect intersecting forms of discrimination. Second, States should release disaggregated data. Third, States must ensure that people of African descent – notably, women and youth – are present and listened to in State institutions. Finally, all States must recognise that systemic racism is, fundamentally, a result of power structures; to dismantle it, States, courts, businesses, and organisations must acknowledge colonial legacies and deliver reparatory justice. The report condemned the continued denial of systemic racism by some States.
The report called for a second International Decade for People of African Descent, which would continue the present one, which began in 2015 and is due to end on 31 December 2024.
Reports of the International Independent Expert Mechanism (A/HRC/57/71; A/HRC/57/71/Add.1; A/HRC/57/71/Add.2):
The report of the International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement (A/HRC/57/71) and the addendums (A/HRC/57/71/Add.1 and A/HRC/57/Add.2) discussed the Mechanism’s findings from country visits.
A/HRC/57/71/Add.1 focused on the Mechanism’s visit to Brazil. It acknowledged the impacts of violence on people of African descent, noting that they constituted 78% of the 46,327 intentional violent deaths in Brazil in 2023. Similarly, of children killed in 2023, 70.3% of children under the age of 12 and 85.4% of children aged 12 to 17 years were of African descent. Concerningly, the levels of violence by law enforcement officers against people of African descent were also staggering, with 82.7% of those murdered by law enforcement officers being of African descent in 2023. The most impacted victims were young, impoverished men of African descent.
A/HRC/57/71/Add.2 explored the Mechanism’s visit to Italy. Similarly to Brazil, the Mechanism advocated for a human rights-based approach to policy and law enforcement. The Mechanism demonstrated significant concern for reports of torture and ill-treatment in Italian prisons and expressed further concern regarding proposed legislation that would remove the specific crime of ‘torture’ from the Italian Criminal Code.
In these addendums, the Mechanism called for the implementation of the High Commissioner’s recommendations. Affirmative action should also be taken to ensure increased representation of people of African descent in decision-making spaces. Other notable recommendations included the strict regulation of weapons and ending the “war on drugs” and “war on crime” policies – instead, adopting a human rights-based approach. Additionally, the Mechanism called for stronger protection of witnesses and victims of police violence.
A/HRC/57/71 expressed concern about broad impunity and presented various measures that States should introduce. The Mechanism described three minimum steps to combat this impunity: the implementation of effective reporting, review, and investigation procedures, the use of independent civilian oversight bodies, and the use of independent mechanisms to support victims and communities.
The report emphasised the importance of mandatory body-worn cameras, calling for action against officers who turn them off. It also recommended that all officers visibly display their name or identification number.
The Mechanism called for all cases of death or serious injury to be automatically assigned to an independent civilian oversight body. This body should be completely independent from the police; however, it should work alongside, not against, them. This body should have investigatory and sanctioning powers and must be formed with the trust of civil society. The Mechanism emphasised that these independent bodies must be established by law and provide different types of support including legal advice, interpretation, psychological, and medical services following an incident.
Opening Statements
To begin the ID, the High Commissioner for Human Rights, Mr Volker Türk, and the Chair of the International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement, Ms Akua Kuenyehia, presented their respective reports.
Prior to States’ contributions, Ms Rokhaya Diallo – a journalist, writer, filmmaker, and member of the O’Neill-Lancet Commission on Racism, Structural Discrimination and Global Health – provided her insight, representing directly affected individuals. She highlighted the prevalence of misogynoir – the prejudice against Black women – and examples in medical and sporting situations.
Ms Paola Yañez Inofuentes – the Regional Coordinator of Red de Mujeres Afro Latinoamericanas, Afrocaribeñas y de la Diáspora – then took the floor, also representing directly affected voices. She congratulated the many steps taken in Latin American countries to combat racism and gender inequalities; however, she noted that there is little accountability and an increased culture of denial. She highlighted the need to acknowledge that racism is institutional and structural. She also rejected the notion of a ‘universal’ woman and called for an intersectional focus on prevention and response policies.
Interactive Dialogue Countries Concerned
The delegate of Brazil stated his support for the Mechanism and extended an invitation to all Special Mechanisms that wished to visit Brazil. He asserted that, since 2023, a key priority of the Brazilian Government has been reducing violence against people of African descent. This resulted in the establishment of the Ministry of Racial Equality in 2023, as well as initiatives within the Government.
The delegate explained what measures were being taken to address the Mechanism’s findings, such as the ‘Black Youth Alive’ plan, which the Ministry of Racial Equality has developed. This aims to reduce homicide and promote intersectionality in many areas of society. The Ministry of Justice and Public Security also launched a national security program that should be intersectional and community-based by nature. The delegate also acknowledged that, in October 2023, the Federal Supreme Court declared the Brazilian prison system to be in an “unconstitutional state.” He explained that to address this, another plan is being developed: Fair Penalty. The Government is also drafting a decree to regulate the police force in line with international standards.
The delegate of Italy similarly cooperated fully and expressed gratitude for the Mechanism. He emphasised that Italy, despite facing many challenges, is fully committed to the fight against racism and determined to enact change. He stated that Italy will continue to support fundamental principles of equality, non-discrimination, and dignity, as are described in the Italian Constitution.
Interactive Dialogue
The delegate of Gambia, on behalf of the African Group, opened the dialogue. He stated that structural and systemic racism is the root cause of poverty, generalisations, social exclusion, and inequalities. The delegate expressed deep concerns that, over two decades after the Durban Declaration was adopted, people of African descent continue to face racism, discrimination, and police violence in society.
The representative of the European Union (EU) agreed with the Mechanism that impunity fuels further grievances: “Victims have the right to be heard; they have a right to justice.” She discussed a report by the EU’s Fundamental Rights Agency published in April 2024, discussing racism in policing. She assured that this report puts in place concrete steps for action, including independent oversight bodies and protection for whistleblowers. The representative then turned her attention to the High Commissioner, explaining how the Council is systematically opposing the term ‘intersectionality’, including in the context of negotiations with the UN draft proposal on the rights of people of African descent. She ended her statement by requesting that the High Commissioner once again explain the importance of intersectionality to the Council.
The delegate of the United States of America (USA) first expressed the State’s dedication to racial equity. She claimed that the State is working towards greater access to justice for communities that have been historically marginalised through grants, policies, programs, and enforcement. The delegate specifically mentioned that the USA’s Department of Justice is working to accelerate accountability measures following the murders of George Floyd, Breonna Taylor, and many others. She then addressed the panellists to ask what States can do to ensure that accountability processes and Mechanisms are victim-centred and do not cause harm.
The delegate of Luxembourg aligned with the EU’s statement. He expressed particular shock about police violence due to the police’s official duty in society being to protect the weakest. He expressed full support for the Mechanism’s recommendations and demonstrated some of the adjustments being made in Luxembourg. The authorities in Luxembourg are in the process of developing their first National Plan against Racism, and the police will be using body cameras beginning in 2025. Expressing full support for intersectional frameworks, the delegate questioned why it remains contested within the Council.
The delegate of Cuba acknowledged the High Commissioner and Mechanism’s reports; however, he argued that they did not reflect the Cuban reality. The delegate asserted that the findings of the reports are incongruous with the legislative transformations that have taken place in Cuba, such as the National Anti-Racism and Racial Discrimination Program. He insisted that the Cuban Revolution demolished structural bases of racism and eliminated racial discrimination at an institutional level, as the Cuban Constitution recognises that all persons are equal in the eyes of the law.
The delegate of Venezuela described how Venezuela is a socialist humanist society that has eradicated and punishes racial discrimination. The delegate stated that Venezuela shares the High Commissioner’s concerns regarding the difficulties experienced by people of African descent in accessing justice in certain countries like the USA. He also expressed concern about the effects of climate change on people of African descent due to capitalist production methods.
The delegate of China similarly expressed concern about systemic and structural racism and discrimination against marginalised groups, including people of African descent and Indigenous communities, in the USA, the United Kingdom, Australia, and Canada. She criticised “certain countries” for retaining colonial and hegemonic mindsets and slandering other countries to divert the attention of the international community from their own internal human rights violations. The delegate urged these countries to comprehensively review and change their discriminatory laws and measures, thoroughly investigate and resolve cases, and provide reparations to the victims.
The delegate of Tunisia emphasised Tunisia’s dedication to protecting its citizens with the rule of law, in keeping with its constitution that guarantees equality. He stated that Tunisia was the first country to abolish slavery and referenced legislation adopted in 2018 to combat racism. He also highlighted that migrants in Tunisia receive humane treatment. The delegate also condemned Islamophobia and racial discrimination.
The delegate of Bolivia emphasised the need for structural change and for addressing the root cause of racism. She described a “systemic scourge” that disproportionately affects people of African descent. The delegate proudly declared Bolivia as a plurinational country where the Afro-Bolivian community has contributed over generations to Bolivia’s social fabric, which is a “fundamental part of [their] cultural wealth.” She concluded by stating that Bolivia is continuing their efforts to overcome racism and enact justice universally.
The delegate of Honduras discussed the constant barriers faced by people of African descent, exacerbated by the lack of legal resources and consultation and participation mechanisms for them. He listed some of the actions taken by the Honduran government. First, he discussed the appointment of an intersectoral commissioner to coordinate the restoration of the Garifuna people’s ancestral land rights through rulings of the Inter-American Court of Human Rights. He then mentioned that Honduras is promoting constitutional reform. He ended his list by stating that Honduras is constructing a comprehensive public policy for the Afro-Honduran people. The delegate acknowledged the High Commissioner and Mechanism’s recommendations and reaffirmed Honduras’ willingness to work multilaterally to achieve justice and full racial equality.
The delegate of the State of Palestine brought attention to the issue of impunity, stating that this allows the continuation of structural racism and discrimination. She announced that reparatory justice is long overdue for marginalised groups. The delegate highlighted the connection between racially motivated violations, including towards people of African descent, and the mass atrocities occurring globally. In these situations, international law is completely disregarded by States that claim to champion it. According to the delegate, this demonstrates the fact that the legal system was created in the interests of former colonial powers who continue to exploit humanity for their own political and economic benefit. She ended her passionate statement by calling for States to consider whether these double standards are due to a fundamentally racist application of international law.
The delegate of Uganda described racism as a “backwards superiority complex, rooted in enslavement and colonialism.” She expressed shock and disgust that racism is still rampant in public policies and governments. The delegate provided examples of how, even in dire humanitarian situations, racism against people of African descent prevails. Black African refugees have been considered “not refugee enough” and less worthy of protection than white refugees. The delegate declared pride that the Ugandan government condemns all forms of discrimination, including racism. She further expressed that it is the States’ duty to demonstrate political will through real, tangible policies. She concluded States’ participation in this ID with some powerful words: “Racial justice is not a favour. It is an inherent right for people of African descent, and we should not negotiate about it in this day and era. It is our right.”
Non-Governmental Organisations:
The non-government organisations (NGOs) all supported the Mechanism’s recommendations. Various NGOs drew attention to the genocide occurring in Palestine, noting that there has been a disproportionate increase of violence – particularly by law enforcement officers – against marginalised groups since the escalation of conflict in 2023. Others, including a mother whose child was murdered by law enforcement officers, called for an action plan. Multiple groups discussed the DDPA’s continued relevance in 2024.
GICJ’s Adam Seymour delivered a joint statement with EAFORD. While recognising the marginal gains of some States, he also emphasised the urgent need for systemic change. This includes concrete steps to ensure justice and accountability, particularly regarding the use of force by law enforcement. He called for all nations, particularly higher-income ones like the United Kingdom and the United States of America, to adopt accountability measures and the DDPA.
Concluding Remarks:
As the first closing speaker, Ms Yañez-Inofuentes emphasised that to strengthen justice systems and access to justice, complete reform is needed. It is, therefore, imperative to generate a culture of accountability that goes beyond finances. Ms Yañez-Inofuentes stated that there must be a focus on prevention: while punishment is also a necessary consideration, it is essential to raise awareness and adapt training provided to law enforcement officers. After all, as Ms. Yañez-Inofuentes asserted, the right to be heard is a form of expressing one’s citizenship. She asserted, potentially in response to the NGOs, that mothers should not fear for their children’s lives and protestors should not fear for their own. To ensure the Mechanism’s success, Ms. Yañez-Inofuentes called for increased funding.
The next closing speaker, M. Diallo, began by addressing the implication that racism is not a global phenomenon. She raised awareness of the fact that legal provisions to fight racism, while enshrined in the laws of many States, are not sufficient. While a majority of people are aware that police violence occurs in the United States, it is not endemic. Ms. Diallo discussed how anti-racists are often discredited, such as through the use of terms like ‘wokeism’, instead of being approached more positively to aid the eradication of racial discrimination. She also warned of the trivialisation of the far Right in the current political climate.
The Chair of the International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement began her closing statement by stating that she stands in solidarity with Africans and peoples of African descent who are disproportionately affected by police conduct. Ms Kuenyehia expressed gratitude to victims and their relatives, and to the States for their cooperation – reiterating that the Mandate only holds when States are willing. She concluded that she will remain available to communicate with the States, civil society, and affected individuals.
The Chief of the Rule of Law, Equality, and Non-Discrimination Branch of the OHCHR, Mr Dimitry Chalev, was the final closing speaker. He reiterated the High Commissioner’s belief that a holistic application of an intersectionality framework can be a “game-changer.” This analysis must drive how States respond to systemic racism and related power structures. Going forward, Mr Chalev urged States to proclaim a second Decade of African Descent and to ensure representation, at all levels, of people of African descent.
Position of Geneva International Centre for Justice:
Geneva International Centre for Justice (GICJ) condemns all forms of discrimination and commends the High Commissioner and Mechanism’s reports. GICJ stands with all victims of racial discrimination and violence by law enforcement officers, as well as their families. We urge all States to adopt the measures recommended by the Mechanism to ensure full accountability and justice measures can be implemented. We also call for the adoption of the Durban Declaration and Program of Action. Finally, GICJ implores all States to accept responsibility and acknowledge the widespread prevalence of racism and violence, including within government bodies and law enforcement services. To achieve full equality and justice, the current culture of denial must end.
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