A/69/318 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. 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; (c) Adopt domestic legislation on combating racial discrimination. Data collection should result from explicit anti-discrimination laws that require data in order to measure discrimination and formulate, implement and monitor appropriate public policies, including special measures, pursuant to international human rights standards; (d) Adopt laws regulating the collection and processing of ethnic and racial data that protect fundamental freedoms, including the right to privacy, provide the necessary safeguards for protecting data from misuse, such as racial profiling and negative monitoring, and ensure confidentiality of information, in accordance with relevant regional and international standards, in particular the Guidelines for the Regulation of Computerized Personal Data Files concerning the legality, fairness, accuracy and relevance of data, purpose specification, interested-party access, non-discrimination, security, oversight and penalties. The normative framework should be approved beforehand and lay down the following minimum conditions: the person must give explicit consent; the data collection must serve the public interest, namely, the fight against racial discrimination; and the framework must be legally binding; (e) Develop and identify quantitative and qualitative indicators for promoting and monitoring racial equality and non-discrimination, taking into account the methodology approved by the United Nations human rights treaty bodies. 4 90. States, through their government bodies, as well as national statistics institutes, human rights institutions and organizations for racial equality, in conformity with their mandates, should: (a) Include questions on the identities of people of African descent in all relevant data-collection and disaggregation activities; (b) Conduct prior research and contextualize the data system so as to ensure that the data are culturally relevant and use appropriate terminology; __________________ 4 14-59293 See report of the Office of the United Nations High Commissioner for Human Rights on indicators for promoting and monitoring the implementation of human rights (HRI/MC/2008/3). 21/22

Select target paragraph3