A/HRC/51/54
justice. The Working Group’s conversation on the protection of children of African
descent occurred in the shadow of several shocking racist and violent acts, including:
(a)
On 14 May 2022 in Buffalo, New York, United States, an avowed white
supremacist shot 13 people in a shop, killing 10 people of African descent and injuring
3 others;
(b)
On 24 May 2022, at least 26 people were killed in a police raid in Rio de
Janeiro, Brazil. Most of the identified victims were young people of African descent;
(c)
On 24 May 2022, an 18-year-old armed with a semi-automatic weapon at
Robb Elementary School in Uvalde, Texas, United States, killed 19 children and two
adults;
(d)
On 24 May 2022 in Sergipe, Brazil, a Brazilian man of African descent
was tortured and killed by police, who forcibly detained him inside a police vehicle
containing a live gas grenade until he died.
60.
During the session, the Working Group acknowledged the second anniversary
of the murder of George Floyd by police in the United States, which had been
courageously filmed by Ms. Frazier, a 17-year-old woman of African descent and which
sparked global anti-racism protests.
61.
The Working Group concludes that racial discrimination, from the unresolved
legacies of trade and trafficking of enslaved Africans and colonialism, post-colonial
apartheid and segregation, continues to harm children of African descent. Foundational
ideologies of racism towards people of African descent, white supremacy and devalued
family bonds have structured legal and social systems around the world. In this regard,
a critical aspect of the experience of people of African descent in the global diaspora is
supervision and the disruption of family relationships by the white political elite.
Families of African descent have been torn apart by legalized separation ever since the
global trade in enslaved people and the international agreement that people of African
descent, including children, were legally property to be trafficked and sold. This
historical dehumanization of people of African descent included sale at auction blocks,
systematic rape, forced breeding, inhumane work expectations during and after
pregnancy, and criminalization of pregnancy and childbearing. Those inhumane
practices have been upheld by racist images and narratives that hypersexualize women
of African descent, label them immoral and delegitimize their authority and
investments in their own children and families.
62.
As the Working Group has observed in multiple States, persistent racial
disparities in family interventions, including removal of children and termination of
parental rights, often involve racialized decision-making and outcomes. Consistencies
and similarities in the targeted regulation of families of African descent across the
diaspora spring from a common historical root in the trade and trafficking in enslaved
Africans, colonialism and the social construct of race that normalizes ongoing racial
atrocities.
63.
The common historical roots of the racialized use of discretion in the criminal
legal system underlies the systemic racism found in different countries. Historically, the
trade and trafficking in enslaved Africans and colonialism exported racial hierarchy
and legalized violations of human rights for people of African descent globally. Today,
global powers export tactics, laws and machinery of criminal justice that grew from this
history as technical assistance to the Global South, yet disregard or deny the systemic
racism and entrenched racial disparities in their own legal systems.
64.
Throughout the diaspora, children of African descent face heavier policing,
including more arrests, police surveillance, racial profiling, strip searches and excessive
use of force. They are disproportionately represented in the criminal justice system.
False, racial stereotypes of criminality, culpability and dangerousness influence
decision-making by legal system personnel, including the particularly harmful myth of
“superpredator”. Systemic racism is often evident in the contrast between punitive
responses experienced by children of African descent and the child-centred responses
to the delinquency of white children.
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