A/HRC/14/18 120. The Working Group underscores the importance of collecting disaggregated data to render structural discrimination against people of African descent more visible, thereby facilitating the adoption of adequate policies to combat such discrimination, including affirmative or positive measures. At the same time, the Working Group deems necessary the adoption of measures to prevent the possible misuse and negative impact of disaggregated data. 121. The Working Group regrets that many people of African descent do not have access to quality health care as they are unable to afford health insurance due to the situation of poverty they endure. 122. The Working Group stresses the need to address the overrepresentation of people of African descent who are subject to the criminal justice system, including mental institutions and the child welfare system, as well as double standards in sentencing. The Working Group notes the prevalence of structural discrimination, severely affecting persons of African descent, at all stages and levels of the administration of justice, including, inter alia, legislation, law enforcement, courts and tribunals. This has far-reaching consequences in terms of poverty, education and employment and undermines the fundamental democratic principles of political participation. B. Recommendations 123. The Working Group urges States and specialized agencies of the United Nations, as appropriate, to implement, as a priority, the provisions pertaining to people of African descent in the Durban Declaration and Programme of Action and the Outcome Document of the Durban Review Conference, as well as previous recommendations of the Working Group. 124. The Working Group recommends the establishment within OHCHR of an observatory to review and report on progress in the implementation by Member States and specialized agencies of the United Nations, as appropriate, of the Durban Declaration and Programme of Action and the Outcome Document of the Durban Review Conference, as well as recommendations by the Durban follow-up mechanisms pertaining to people of African descent. 125. The Working Group calls on the United Nations to promote further discussion on the use of the term “Afrophobia” in its work in order to highlight the special and unique discrimination faced by people of African descent. 126. The Working Group calls upon States to earmark contributions to the Trust Fund for the Programme for the Decade for Action to Combat Racism and Racial Discrimination (Durban Fund) to fund the participation of civil society, including relevant NGOs, in its sessions. 127. The Working Group urges States to adopt special measures, including affirmative or positive measures, based on disaggregated data, as appropriate, to address structural discrimination against people of African descent, taking into account general recommendation No. 32 (2009) adopted by the Committee on the Elimination of Racial Discrimination. 128. The Working Group urges States to address disparities in access to health and quality of health care between people of African descent and other population groups, more specifically by addressing the differential access to insurance coverage in health care. 19

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