Strategising the end of Systematic Racism, Xenophobia and Related Intolerance
By Namrata Hazarika and Anyssa Boyer / GICJ
The 8th Session of the Group of Independent Eminent Experts on the Implementation of the DDPA was held between the 8th-12th of August 2022. This session began by following-up on the 20th anniversary of the DDPA and its positive implementations. The session also requested an update on the development of outreach programmes and public information campaigns to mobilise support for racial equality. Thematic discussions began on 10th August, where the links between racism, racial discrimination, xenophobia and related intolerance and global emergencies, such as climate change, natural disasters and health and humanitarian crises were discussed. Racism, racial discrimination, xenophobia and related intolerance against refugees, asylum seekers, migrants and internally displaced persons were covered on 11thAugust. These were also put in the context of global economic justice and the implementation of the sustainable development goals.
The Durban Declaration and Programme of Action (DDPA)
The Durban Declaration and Programme of Action (DDPA) is the UN’s blueprint to address and fight systemic racism. It is a visionary document to combat and break the (self) perpetuating cycle of systemic racism and was established in 2001. The reformation brought by the DDPA has defied discriminatory policies and practices. Since its adoption, 42 states have adopted legislation to prohibit discrimination based on race, 35 states have formed bodies to fight racism and 23 states have implemented policies at the national and regional levels to eliminate racial discrimination. However, despite the progress made by the DDPA in the last 20 years, systemic racism remains widespread.
Mandate of the Group of Independent Eminent Experts on the Implementation of the DDPA
In 2002, through the adoption of resolution 2002/68, the former Commission on Human Rights established important focal points. These included:
- Collecting reports from States, NGOs, and relevant institutions within the UN body to ensure proper implementation and adherence to the DDPA. Following up on recommendations to States to bolster national plans of action while considering circumstances of Global South countries;
- Producing recommendations to the Intergovernmental Working Group to effectively implement and coordinate the DDPA while bearing in mind regional perspectives;
- Making Recommendations to the Secretary-General, the Office of the High Commissioner for Human Rights and the Commission on action plans to mobilise adequate resources and to address racism;
- Assisting the Intergovernmental Working Group on the elaboration of strong complementary standards and update international mechanisms that tackle issues of racism, racial discrimination, xenophobia and related intolerance;
- Cooperating with the Committee on the Elimination of Racial Discrimination, the Commission, and the Office of the High Commissioner to properly and extensively implement the DDPA.
In 2003, through the adoption of resolution 2003/30, the former Commission on Human Rights fine-tuned the previous list of important focal points. These included:
- Following the implementation of the provisions of the DDPA, working in close cooperation with the United Nations High Commissioner for Human Rights and assisting the High Commissioner in preparation for the annual progress report to the Commission and to the General Assembly based on data, information and views acquired through States, human rights treaty bodies, special procedures and other instruments and mechanisms of the Commission, international, regional and non-governmental organisations and national human rights institutions;
- Considering the recommendations of the Working Group, asking the independent eminent experts to collaborate the High Commissioner for Human Rights in the evaluation of existing international standards and mechanisms to address and eradicate racism, racial discrimination, xenophobia, and related intolerance while considering and preparing complementary standards.
GICJ participated in the sessions covering Item 6, 8, 9, 10 and contributed to them by delivering 3 oral statements.
Item 6: Continued relevance of the DDPA, follow-up to the 20th anniversary of the DDPA, and road towards the 75th anniversary of the Universal Declaration of Human Rights
On Monday 8th August 2022, the continued relevance of the DDPA was discussed. Chaired by Ms Edna Roland, General Rapporteur of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, the session discussed the continued prevalence of systemic racism even after 20 years since the implementation of the DDPA. Their prevalence has been predominantly documented among Africans and people of African descent in the form of racial profiling and police brutality. In the current socio-political climate, characterised by Covid-19, misplaced anger and frustration have materialised into physical abuse and emotional bullying against Asians and people of Asian descent. This makes the need for non-discriminatory policies endorsed by the DDPA very relevant.
During the session, the delegation of South Africa raised the persistence of racial discrimination in housing administrations as well as the obstacles to the DDPA’s easy public access. The delegation questioned the sole electronic availability of the document and urged member states to consider the logistical and financial restraints of people who lack access to the internet. This concern was corroborated by other delegations. Furthermore, the delegate of the Philippines highlighted the plight of migrants in the context of xenophobia and the atrocities they face. Finally, NGOs underlined the need for a stronger community to counter racist sentiments, instead of predominantly depending on legal solutions.
Geneva International Centre for Justice (GICJ) is concerned by the widening gap between the promise and implementation of non-discriminatory policies. We support the proposal of the High Commissioner to fighting global racial discrimination through a “systemic approach” centred on accountability, repartition, and trust. We hope that member-states as well as the Office of the High Commissioner will takes serious efforts to implement and deliver the provisions of the said approach. Therefore, we urge member states to take accountability for their role in the perpetuating cycle of systemic racism and partake in inter-state dialogues to address the impact of their historical legacies. GICJ believes constructive dialogues would not only advance the course of the said “systemic approach” but boost confidence-building among states.
Item 8: Implementation of General Assembly and Human Rights Council resolutions requesting the development of outreach programmes and a public information campaign to mobilise support for racial equality and the Durban Declaration and Programme of Action.
On Tuesday 9th August, the Group of Independent Eminent Experts on the Implementation of the DDPAn convened to discuss the implementation of the General Assembly and Human Rights Council resolutions requesting the development of outreach programmes and public information campaigns to mobilise support for racial equality and the DDPA. Mr Victor Fernández, from the Office of the High Commissioner for Human Rights (OHCHR) Communication Section took the floor and elaborated on outreach programmes and public information campaigns currently being developed by the OHCHR. Mr Fernández’s presentation was met with criticism from state delegations and NGOs for glossing over the needs of people of African descent, people of colour and ethnic minorities. The delegation of South Africa and Namibia emphasised that social media campaigns and extensive use of digital platforms is not easily accessible to rural communities. They emphasised that digital equipment are expensive and not widespread in areas where racial segregation is pervasive, particularly in remote areas of the Global South.
Throughout the meeting, delegations and non-governmental organisations emphasised that plans must include the development of outreach programmes and public information campaigns in close collaboration with civil society, and on the ground stakeholders. Raising awareness, promoting behavioural change and countering misinformation from a young age are key steps in implementing measures in both public and political life to eliminate all forms of racism, racial discrimination, xenophobia and related intolerance. This must happen in all aspects of civilian life, starting in households and expanding to the education curricula.
It is necessary for the international community and UNs bodies to come together and find concrete, effective, and durable solutions for appropriate development of outreach programmes and public information campaigns that reach not only the Global North but also the Global South. These campaigns and programmes must also actively involve people of African descent and ethnic minorities, bringing them to the forefront of issues and adapt to their specific needs. Delegations also regretted the lack of visibility of the DDPA despite its 21 years of existence and emphasised the importance of disseminating it, rendering it more accessible to youth, civil society members and Global South communities. Increasing the visibility of the Declaration is necessary to raise awareness, educate, and break systemic cycles of racial discrimination, racism, xenophobia, and related intolerance.
Geneva International Centre for Justice (GICJ) urges stakeholders, civil society organisations and relevant UN bodies to place the fight against racism and xenophobia at the highest level of priority. We call on the international community to come together and fight against racism, racial injustices, and xenophobia through proper and inclusive implementation of outreach and public information campaigns. We urge States to effectively implement comprehensive legal frameworks and outreach programmes in line with the DDPA to ensure that all entities responsible for perpetuating cycles of systemic racism and discrimination end once and for all. GICJ reminds member states and the international community that no individual should be left behind when establishing outreach programmes and public information campaigns. Although the use of social media is widespread and is a tool capable of reaching large-scale areas, it does not suffice and instead brings existing technological inequalities to light.
Item 9: Thematic discussion – Links between racism, racial discrimination, xenophobia and related intolerance and global emergencies, such as climate change, natural disasters and health and humanitarian crises
On Wednesday 10th August, the Group convened to discuss the links between racism, racial discrimination, xenophobia and related intolerance and global emergencies, such as climate change, natural disasters and health and humanitarian crises. The meeting chaired by Edna Roland, covered a variety of different environmental and humanitarian issues that broadly affect people of African descent, people of colour, ethnic, linguistic, and sexual minorities, and indigenous populations.
Ms Barbara Reynolds, Vice Chairperson of the Working Group of Experts of People of African Descent was the first speaker. She addressed the panel, state delegation, and non-governmental organisations that racial and structural factors have forced people of African descent to live in areas that are increasingly more vulnerable to environmental degradation. People of African descent’s living conditions remain precarious. Their right to life, adequate standard of health, housing and home life, as well as their right to education are increasingly compromised. Furthermore, she emphasised that children’s right to play has not been dealt with extensively in the report of the Working Group which is a crucial element of a child’s development. People of African descent’s right to development, and their right to a safe, clean, and healthy sustainable environment remains dire. Mass dispossession of lands, large-scale extractive industries and displacement are consequences directly affecting people of colour.
Dr Margaretha Wewerinke-Singh, Assistant Professor of Public International Law at Leiden University, highlighted as the second speaker that structural inequalities have increased the vulnerability of people of colour. Temperatures are reaching new records every year, wildfires are becoming more common, droughts are overwhelming communities, concentrations of greenhouse gases in the atmosphere are rising, and biodiversity is dying. Human-induced climate change affects all civilians but significantly hinders their longstanding and culturally rich livelihoods. She stated that despite their low-carbon footprints, people of colour are most vulnerable to the adverse effects of the climate crisis. Dr Wewerinke-Singh also emphasised that racism is at the core of environmental and humanitarian inequalities, highlighting the nexus between racism, equality and climate change. She reaffirmed the necessity to incorporate this discourse along with the achievements of the Sustainable Development Goals.
Historical injustices, long-standing legacies of colonialism, large-scale extractivism of natural resources and the current environmental crisis are omnipresent in the lives of people of African descent, people of colour, ethnic minorities, and indigenous peoples. The South African delegation brought up vaccine distribution inequalities in the context of the Covid-19 pandemic. The delegate also emphasised that for a while, the monkeypox virus was already prevalent in some African countries. However, no attention was drawn to the viral infection until the first case was identified in the Global North. Only when it hit such countries did pharmaceutical companies begin the rush to develop a vaccine against the disease. We must tackle these structural and racial inequalities at once and urgently address their links to environmental and health emergencies.
Geneva International Centre for Justice (GICJ) recognises the dire impacts of the environmental crisis and the extent to which it affects vulnerable communities including people of African descent, people of colour, ethnic minorities, and indigenous groups. We call on the international community to come together and fight for their rights and ability to proclaim their self-determination. Together, we must recognise people of African descent, people of colour, ethnic minorities and indigenous peoples’ unique contributions and value their communal living and sustainable practices safeguarding habitat and ecosystem destruction. GICJ urges active involvement from multistakeholder bodies bringing together youth advocacy and international organisations to mitigate adverse environmental impacts and humanitarian crises.
Item 10: Thematic discussion – Racism, racial discrimination, xenophobia and related intolerance against refugees, asylum seekers, migrants and internally displaced persons
On Thursday 11th August 2022, a thematic discussion on racial intolerance against refugees, asylum seekers, migrants, and internally displaced persons, was held. Chaired by Ms Edna Roland, this session raised crucial questions on the racialisation of migrants and debates surrounding the need for legal definitions.
The first speaker, Ms Yvonne Brändle-Amolo, an intercultural mediator, centred her presentation on the influx of Ukrainian refugees in Switzerland. Such refugees have been given the S permit that allows them to work in the state and access the labour market. Although she supported Ukrainian refugees being given preferential treatment by Switzerland, she also highlighted the plight of refugees from other regions like Syria who have not been issued the same status. On this point, the delegate of the Russian Federation, accused the EU of being racist by giving Ukrainian refugees preferential treatment. This was followed by country and NGO delegations drawing parallels of the difficulties faced by migrants of their respective states and the reality of racialisation of migration.
The second speaker, Ms Mariana Ferolla Vallandro do Valle, a PhD candidate at the Geneva Graduate Institute laid out the legal framework tethered to refugees not being recognised for state benefits. She stated the correlation between discrimination and migration and how the duty to eliminate the former lies with state governments. She raised crucial questions on the advantages and disadvantages of defining a “refugee”, a “migrant” and an “asylum worker”. The positives stemmed from the need for clarity to define specialised legal obligations while the negatives were bred by biases and prejudices projected on said categorisations. This notion was backed by the argument of the delegate of South Africa who underlined how people coming from the Global South are often perceived to be migrants, deducing their plight to a choice. On the other hand, people from the Global North are perceived to be refugees, in need of more protection. Thus, this point further heightened the debate on migration being tethered to race.
Geneva International Centre for Justice (GICJ) is concerned by a by-product of this issue: unequal access to health services. This problem is accentuated by digital exclusion and language barriers. There continues to be a lack of a regulatory global governance framework for the use of digital technologies. GICJ stresses the formation and implementation of such a framework while simultaneously condemning technology that cannot meet the standards set by the international human rights legal frameworks. Finally, we reiterated the need for public-private partnerships in the use of digital border technologies to maintain government accountability.
Conclusions and Reflections
The 8th Session of the Independent Eminent Experts on the Implementation of the DDPA covered many themes of human rights. GICJ delivered three joint statements, in total. We contributed to discussions on the widening gap between promise and implementation of non-discriminatory policies (Item 6), the link between racism and the environmental crisis (Item 9) and racial discrimination faced by migrants, refugees, asylum seekers and migrants, particularly in the field of healthcare (Item 10).
GICJ is concerned by the continued prevalence of systemic racism. It identifies its elimination as a global responsibility, shared by all member states. The fight against systemic racism requires member states to be bound by trust, which is why we urge all states to implement the provision of the DDPA and adhere to them. Thus, GICJ requests member-states to take accountability of their colonial legacies to advance trust building among states.
DDPA, Racism, Discrimination, Prejudice, Xenophobia, Intolerence, Experts, Geneva, Justice, Geneva4justice, GICJ, Geneva International Centre For Justice
