The 52nd Session of the Human Rights Council
February 27th – April 4th 2023
Agenda Item 9 – Debate on racial discrimination (GA res. 77/205)
29th March 2023
By Jamel Nampijja / GICJ
Executive Summary
On the 29th of March 2023, a panel on the general debate on racial discrimination (GA res. 77/205) was held in commemoration of the International Day for the Elimination of Racial Discrimination during the 48th meeting of the 52nd session of the Human Rights Council. The panel theme was "The urgency of combatting racism and racial discrimination 75 years after the Universal Declaration of Human Rights’ adoption."
During the debate, Mr Volker Türk, the United Nations High Commissioner for Human Rights, was the keynote speaker at the panel. He highlighted the damaging effects of racial discrimination and the importance of upholding the Universal Declaration of Human Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. Despite progress, Mr Türk acknowledged that no country could claim to be free of racism and called for more action to combat systemic racism and discrimination. He urged member states to adopt and implement comprehensive national laws and policies to eliminate racism and discrimination. Moreover, ensuring the effective participation of racial and ethnic groups in public decision-making and delivering reparatory justice.
The panel discussion featured speakers from diverse backgrounds who are actively involved in combating racism, racial discrimination, xenophobia, and related intolerance. The panellists discussed the current state of the fight against racism and the importance of accelerating progress towards racial equality, to benefit society and future generations. They shared their experience, expertise and recommendations on addressing the most pressing challenges and obstacles to combat racism in all its forms and manifestations.
Geneva International Centre for Justice (GICJ) calls on all UN member States to thoroughly examine and understand the extent and impact of systemic racism; addressing racism should go beyond viewing it as a collection of isolated or individual acts of discrimination but rather as a systemic issue deeply ingrained in various societal structures, policies, and institutions and requiring a systematic response.
Therefore, GICJ urges UN member States to adopt effective legal, policy, and institutional measures that go beyond surface-level approaches and address the root causes of systemic racism.
Background
The UN General Assembly adopted resolution A/RES/77/205 entitled “A global call for concrete action for the elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action”, which in operative paragraph 47 requested the UN Secretary-General to submit to the UN General Assembly at its seventy-eighth session a report on the implementation of the resolution.
The Human Rights Council and the General Assembly have stressed the importance of fully integrating the matter of combating racism into the commemoration of the 75th anniversary of the adoption of the Universal Declaration of Human Rights and the 30th anniversary of the adoption of the Vienna Declaration and Programme of Action (resolutions 51/32 and 77/205).
The General Debate on Racial Discrimination is an annual event at the United Nations General Assembly that addresses issues related to racism, racial discrimination, xenophobia, and related intolerance. It was established under General Assembly resolution 77/205 in 2022, highlighting the ongoing prevalence of racism worldwide and the need for a forum to discuss practical strategies to combat it.
The event provides an opportunity for member states, civil society organisations, and other stakeholders to exchange views on effective strategies and best practices for combating racism and racial discrimination and serves as an essential forum for identifying solutions. The first debate in 2022 focused on the theme of "Addressing Racism and Racial Discrimination in the Context of the COVID-19 Pandemic," highlighting the pandemic's disproportionate impact on marginalised communities.
In commemoration of this day, the United Nations Human Rights Council held a debate at the 48th meeting of the 52nd session of the Human Rights Council under the theme "The Urgency of Combatting Racism and Racial Discrimination 75 Years after the Adoption of the Universal Declaration of Human Rights." The debate aimed at highlighting the continuing prevalence of racism and racial discrimination in the world today and the urgent need to take action to combat these issues. The debate commemorated the International Day for the Elimination of Racial Discrimination.
The International Day for the Elimination of Racial Discrimination is observed annually on 21st of March to commemorate the Sharpeville massacre in South Africa, where peaceful demonstrators protesting apartheid were killed by police in 1960. In 2023, the International Day for the Elimination of Racial Discrimination additionally marked the 75th anniversary of the adoption of the Universal Declaration of Human Rights, which enshrines the principle of non-discrimination based on race or ethnicity.
Statement by the United Nations High Commissioner for Human Rights
Mr Türk highlighted the damaging effects of racial discrimination on individuals, communities, and society. He emphasised the importance of the Universal Declaration of Human Rights, which states that all people are entitled to rights and freedoms without discrimination. The International Convention on the Elimination of All Forms of Racial Discrimination reinforces this principle. He praised those who have stood up against racism and discrimination, including the Black Lives Matter and Stop Asian Hate movements.
Despite progress made to combat racism, Mr Türk stated that no country could claim to be free of racism. He called for more action to combat systemic racism and discrimination that permeate social structures, institutions, and technologies. Specifically, Mr Türk urged member states to adopt and implement comprehensive national laws and policies to eliminate racism and discrimination. Further, they need to ensure the effective participation of racial and ethnic groups in public decision-making and deliver reparatory justice for the enduring legacy of centuries of enslavement and colonialism.
He also highlighted the importance of the International Decade for People of African Descent and the Permanent Forum of People of African Descent as opportunities for progress and elaborating a draft additional protocol to the International Convention on the Elimination of All Forms of Racial Discrimination. The High Commissioner urged member states to support these processes and to pursue efforts towards recognition, justice, and development for people of African descent beyond 2024.
Mr Türk further called for urgent action by the international community to eliminate the crushing injustice of racism and racial discrimination. He urged everyone to reimagine the Universal Declaration's commitments and build societies centred on dignity and equality for all.
Panel of experts
During the panel discussion, the experts acknowledged the progress made so far and simultaneously highlighted the need for concrete actions and a new covenant to combat systemic racism, increase societal awareness and education, and redouble efforts to eliminate all forms of racial discrimination. They also discuss the challenges of tackling racism in multicultural societies, including the tension between identity and diversity, and call for a new cultural and ethical strategy to eradicate racism and discrimination. Furthermore, they urge politicians and decision-makers to do more to combat structural racism and collect data broken down by race or ethnic origin to understand the causes and consequences of systemic racism.
Delegates as well as representatives from international organisations, and NGOs participated in an interactive dialogue. They called for concrete and coordinated actions that are necessary to eradicate racism and discrimination from societies. Speakers highlighted the need to dismantle systemic racism in migration governance and that only inclusive civic space with diverse participation, representation, and leadership is crucial for transformative change.
The African Group stressed that racism and racial discrimination remain substantial obstacles to human rights and fundamental freedoms for millions of people worldwide. The representative of the European Union highlighted its Anti-Racism Action Plan to promote equality in all policy areas. The representative of the United States expressed the country's dedication to combating racial discrimination at home and abroad. The representative of Costa Rica alleged that remnants of colonialism and the transatlantic slave trade continue contributing to poverty among indigenous people and individuals of African descent.
Ms Epsy Campbell Barr, the Chair of the Permanent Forum on People of African Descent, called for concrete actions and a new covenant to eradicate racism and protect victims, especially people of African descent. She emphasised the importance of collective efforts from all sectors of society and raising awareness and education within society.
She stated that systemic racism is a reality that we need to face up to with actions and commitments from all sectors of society, including the private sector, communities, universities, international organisations, and local governments. It is also essential to raise awareness and education within society, including schools, media, and universities. She urged the international community and all individuals to join forces and make specific plans to combat racism and offer a society that is respectful, fair, and inclusive to all human beings. She urged people of African descent to raise their voices and be part of the historical strategies to uproot the colonial practice of systematic racism.
Ms Verene Shepherd, Chair of the Committee on the Elimination of Racial Discrimination, Ms Verene Shepherd noted that the fight for non-discrimination, equality, and respect for people regardless of their ethnicity, origins, skin colour, heritage, and culture is still a work in progress despite the progress made in the fight against racism and racial discrimination the work that still needs to be done.
She noted the existence of progressive markers, such as the abolition of apartheid and the dismantling of the superstructure of slavery, and the establishment of international frameworks to combat racism, that provide hope for change. However, she also pointed out that systemic racism and discrimination against Africans and people of African descent, Asians, migrants, asylum seekers, and ethnic minorities continue to undermine human rights. She called on the global community to redouble its efforts to eliminate all forms of racial discrimination, using the Universal Declaration of Human Rights and the International Convention on the Elimination of Racial Discrimination as critical road maps.
Also, she stated that the battle for reparations is still intense, and there remains a pervasive failure by most former colonial powers to acknowledge the existence and impact of systemic racism and its linkages within colonialism.
Mr Doudou Diène, Rapporteur of the Advisory Board of the Foundation for the Remembrance of Slavery and former Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, highlighted the challenges faced in combating racism and xenophobia in multicultural societies. He identified three emerging concepts in contemporary racism: the mix of race with ethnicity, religion, and culture in an ideological context; the targeting of diversity as undermining identity; and the new ideology of the conflict of civilisations. He noted that multiculturalism is a critical challenge in the contemporary manifestations of racism and xenophobia and acknowledges the tension between identity and diversity.
Mr Diène stated that the critical challenge of combating the new and old forms of racism is linked to identity construction in multicultural societies. The fight against racism requires political and legal strategies to eradicate social and economic manifestations and cultural and ethical strategies to eradicate the root causes, such as entrenched stereotypes and stigmatisation. However, multiculturalism also presents challenges in combating racism and xenophobia, such as confusion in the analysis and understanding of the phenomenon, polarisation on ethnic or racial or religious or cultural grounds, and tension between identity and diversity.
Mr Diène stated that multiculturalism should be acknowledged and managed in its dynamics to uphold equality, democracy, and interrelations ultimately. Therefore, a new cultural and ethical strategy is needed to eradicate racism and discrimination in multicultural societies.
Ms Saadia Mosbah, President of Mnemty Organisation, acknowledged the progress made
by international instruments in eliminating racial discrimination and establishing a permanent forum for people of African Descent. However, racial discrimination remains a significant obstacle that impairs the implementation of human rights in many regions. She regretted that it took more than half a century for her country Tunisia to adopt a national law against racial discrimination, despite ratifying the International Convention on the Elimination of Racial Discrimination in 1967.
She stated that racism is not just a social issue but also a political one, with politicians and decision-makers needing to do more to combat it. Structural racism has been exacerbated by modern technologies, where hatred, intolerance, and racism are preached.
Ms Mosbah called for all processes collecting and using data about human rights issues to be broken down by race or ethnic origin to understand the causes and consequences of systemic racism properly and to monitor the effectiveness of political measures. She also urged all states, the international community, and local and regional actors to work together to eliminate racial discrimination in all its forms throughout the region.
Interactive Dialogue
Several delegates, organisations, and NGOs from all over the world participated in the interactive dialogue; they emphasised that despite the passage of 75 years since the Universal Declaration of Human Rights and 22 years since the Durban Declaration, there is still a need to eradicate racism and discrimination from societies. The speakers noted that concrete and coordinated actions are still necessary to support human rights and combat all forms of racism, racial discrimination, xenophobia, and related intolerance. Furthermore, speakers emphasised the need to dismantle systemic racism in migration governance, as racism has its roots in ethnonationalism and pervades migration narratives, laws, and practices, leading to the exclusion, stigmatisation, and criminalisation of migrants.
The representative of Cote D’Ivoire on behalf of the African group stressed that racism and racial discrimination remain substantial obstacles to human rights and fundamental freedoms for millions of people worldwide, and it is unacceptable that discrimination persists in the 21st century based on ethnicity, national origin, or skin colour. The group recognised the significance of the Durban Declaration Program of Action in addressing the root causes of these issues, calling for specific measures to combat racism and racial discrimination. They reiterated the importance of fully implementing the Durban Action Program and other international instruments to eliminate these injustices, renewing their commitment towards equality, non-discrimination, and human dignity as enshrined in the Universal Declaration of Human Rights.
On behalf of the Nordic-Baltic countries, the representative of Iceland stressed that concrete and coordinated action is still necessary to combat racism, racial discrimination, xenophobia, and related intolerance. She stated that racism remains a potent weapon that incites fear and polarisation, causing conflict and suffering in all spheres of society, whether overt or covert.
She stressed that eliminating racism requires decisive and coordinated efforts to achieve real change and progress towards a world where human rights are ensured without discrimination of any kind and where no one is left behind.
Furthermore, she stressed that only through inclusive civic space with diverse participation, representation and leadership will transformative change be realised, and this requires eliminating structural inequalities and implementing bold policy measures.
Speaking on behalf of the Caribbean Community’s (CARICOM) Group of States in Geneva, the representative of Barbados noted that despite 75 years having passed since the Universal Declaration of Human Rights and 22 years since the adoption of the Durban Declaration, there is still much work to be done to eliminate racism and discrimination in societies. CARICOM remains committed to implementing the Durban Declaration and Programme of Action, as well as the agenda of the International Decade for People of African Descent and has established the CARICOM Reparations Commission to address the impact of slavery, colonialism, racism, and discrimination. The group supports the draft UN Declaration on the promotion and full respect of the human rights of people of African descent. The representative welcomed the establishment of the UN Forum on People of African Descent in Geneva. The group also called for efforts to address inequalities and engage in reparative justice by acknowledging past horrors, such as slavery and the slave trade.
The European Union (EU) representative stated that despite legal norms that guarantee human rights without discrimination, implementing them remains challenging. She highlighted the EU's Anti-Racism Action Plan, designed to promote equality in all policy areas, specifically focusing on economic, social, and cultural rights, including education, work, health, and housing.
She reiterated the EU's commitment to diversity and bringing nations together to overcome divisions while recognising the need for constant protection and promoting robust legal frameworks against racial discrimination.
She stated that the EU condemns incitement to violence or hatred based on race, colour, religion, dissent or national or ethnic origin. Moreover, the EU is taking action to counter online hate speech. She further stated that the EU pledges to spare no effort in countering racism and racial discrimination within its borders and considers the fight against racism a legal, political, and moral duty.
The representative of the United States of America affirmed the country's dedication to combating racial discrimination at home and abroad due to the country's history with the issue. She stated that the USA government acknowledges the challenges and is committed to improving the lives of racial and ethnic minority groups through landmark legislation and executive actions. Although progress has been made, certain racial minorities still face barriers to equal opportunity. To address these barriers, President Biden signed an executive order to deliver equity and build an America where all can prosper.
She stressed that the United States of America had invited thematic special procedures to mandate holders to address racial justice and equality in law enforcement. She further stated that advancing equity is not a short-term project but a generational commitment, and the United States of America urged other countries to join in this goal.
The representative of Costa Rica alleged that despite progress made, remnants of colonialism and the transatlantic slave trade continue to contribute to poverty among indigenous people and individuals of African descent. Reforms are needed, including changes in police training and cultural attitudes. The rise of technology presents new challenges, such as racial discrimination in algorithms and facial recognition technology. She emphasised that respect for human rights and fundamental principles without discrimination must be a priority for the international community.
The representative of UNFPA stated that despite progress made, systemic racism persists and contributes to intergenerational poverty and chronic injustice for descendant communities who are disproportionately affected by conflict, natural disasters and the lack of access to primary healthcare and sexual reproductive services. Black women and girls experience a double burden of sexism and racism and are more vulnerable to maternal mortality, teenage pregnancies, sexually transmitted infections, and violence.
He stressed the crucial work of the UN Permanent Forum on People of African Descent, which aims to achieve full political, economic, and social inclusion of African descendants as equal citizens without discrimination.
Additionally, the forum will provide technical assistance to over 125 countries to improve data collection, develop targeted interventions and public policies for marginalised groups, and achieve transformative results in building a more just and equal world.
He called on states to invest in African descendant communities' education, health, and employment and support women-led organisations working towards equal rights and justice for all.
The representative of the Holy See highlighted the importance of the 75th anniversary of the Universal Declaration of Human Rights and called for the elimination of racial discrimination, which persists despite national and international protection mechanisms. He expressed concern about the racial profiling and discrimination faced by migrants and refugees along various migratory routes and stressed the need to welcome, protect, promote and integrate refugees regardless of their race, sex, country of origin, culture or religion.
He also drew attention to a new and subtle form of discrimination related to race and traditional culture, which he said is being imposed by certain Western countries onto countries in the global South. He stated that the Holy See, represented by the Pope, denounced this as ideological colonisation and called for authentic dialogue about values and different perspectives. He argued that no country should be forced to choose between abandoning its values or refusing international support necessary to promote the common good in developing countries.
Several non-governmental organisations (NGO) representatives highlighted the need to address systemic racism in migration governance, which has its roots in ethnology and negatively impacts migrants through exclusion, stigmatisation, and criminalisation. They proposed utilising the United Nations governance framework and the Global Compact for regional migration reviews as potential solutions to achieve racial justice in migration. Furthermore, they emphasised the importance of centring the expertise and experience of migrants in discussions and future work and requested specific recommendations from the panel on migration governance. They urged for pledges towards achieving migration justice as the high-level meeting on the 75th anniversary of UDHR approaches.
Concluding Remarks
The panellists gave concluding remarks. Ms Epsy Campbell Barr stated that it is crucial to address systemic racism and discrimination towards people of African descent to achieve a world of justice, equality, and dignity for all. Moreover, States can accomplish this through the effective implementation of international agreements and legislation, as well as the commitment of Member States to combat racism and discrimination through active participation in relevant mechanisms and bodies. Building a fair world requires urgent action and a shared commitment to eliminating all forms of racial discrimination.
Ms Verene Shepherd affirmed that addressing systemic and structural racism is essential to promote the advancement and meaningful integration of marginalised communities, build mutual trust, and end racial discrimination, racism, and xenophobia. The international community must work together to reflect on the root causes of negative stereotypes, build robust legislation, and promote a culture of tolerance and equality. It is crucial to pass on the legacy of the fight against racial discrimination to future generations to ensure everyone enjoys the same dignity and rights without fear of denial.
Mr Doudou Diène suggested four specific recommendations related to combating racism. The first recommendation is to closely link the issue of racism to democracy and include it in political agendas. The second recommendation is to address the issue of legitimising racism through new theories from an electoral standpoint. The third recommendation is to invoke the principle of universality to link all forms of racism without singling out anyone in particular. The final suggestion was to promote multiculturalism to ensure a democratic, equal, and interactive society.
Ms Saadia Mosbah suggested that in order to eliminate racism and racial discrimination; political will is needed to combat systemic and institutional racism in North Africa and surrounding regions. States must implement political, social, and cultural strategies, with strict monitoring of the implementation of the Durban Declaration. Protection of minorities should not just be on paper but enforced in law. It is urgent to work together as a unified network to combat racism, particularly in countries where migrants are targeted.
Position of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) commends the Office of the UN High Commissioner for Human Rights (OHCHR) for eventually creating a permanent Forum on People of African Descent, which has been in the works since November 2014 when it was mandated to do so through the UN General Assembly resolution A/RES/69/16 entitled “Programme of activities for the implementation of the International Decade for People of African Descent”.
Additionally, GICJ welcomes the establishment of an international independent expert mechanism comprising three experts with law enforcement and human rights expertise aimed at furthering transformative change for racial justice and equality in the context of law enforcement globally.
GICJ is concerned by the potential for artificial intelligence (AI) technologies to perpetuate systemic racism and bias towards people of African descent. While AI has the potential to solve complex problems and revolutionise every aspect of human life, yet AI has the potential to reinforce systems of racism and discrimination.
One example of how AI can reinforce racist biases is through facial recognition technology. Facial recognition algorithms are trained on large datasets of images, and they learn to recognise patterns in those images. However, if those datasets are biased towards certain groups of people, the algorithm will be more likely to misclassify or misidentify individuals from those groups.
When law enforcement agencies deploy facial recognition algorithms, this can have severe consequences for people of African descent. They may be more likely to be falsely identified as crime suspects or subjected to greater scrutiny and surveillance; this can have a chilling effect on their freedom of movement and ability to participate fully in society.
Therefore, GICJ urges the United Nations, UN member States and all stakeholders to take all necessary measures to ensure that Artificial Intelligence technologies do not reinforce legacies of racism and biases towards Africans and people of African descent. AI is only as unbiased and fair as the data and algorithms that it is trained on.
References
https://media.un.org/en/asset/k19/k19795lz2n
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N22/760/94/PDF/N2276094.pdf?OpenElement
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N22/760/94/PDF/N2276094.pdf?OpenElement
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N22/760/94/PDF/N2276094.pdf?OpenElement
#HRC52 #HumanRightsCouncil #UN #UnitedNations #HRCdebateonRacism #International_Day_for_the_Elimination_of_Racial_Discrimination #Universal_Declaration _of_Human_Rights #UDHR #UDHR_at_75 #Racism #EndRacism #RacialJusticeNow #NoToDiscrimination #InclusionMatters #DiversityAndEquality #HumanRightsForAll #StandUpAgainstRacism #GlobalSolidarityAgainstRacism #NoHateSpeech #EndHate #FightAgainstRacialBias #JusticeForAll #UnitedAgainstRacism #CivilRightsForAll #TogetherAgainstRacism #HumanRights #Justice #Geneva4Justice #GICJ #Geneva_International_Centre_for_Justice
