A/HRC/18/45
remained invisible in most societies. Ms. Najchevska pointed out the need to abandon the
view that fighting discrimination by reacting post facto is the only approach, and called
instead for the shifting of the focus from a mostly negative approach towards a positive
one, that is, enabling equality. She stressed that cumulative and historical disadvantages
made it difficult for members of a disadvantaged group ever to attain equal rights and to
achieve legal redress, and argued that an approach based on equality would create a
responsibility for Governments to build institutions and to develop policies that would
prevent discrimination through specific tools aimed at enabling the equal enjoyment of
rights and freedoms. She reiterated the need to implement a systematic approach in the
promotion and implementation of positive action based on the use of compensatory,
corrective and redistributive methods. She added that international mechanisms should play
a leading role in enabling special measures directed at people of African descent, referring
to the already existing developments in the cases of indigenous peoples and ethnic
minorities. Ms. Najchevska insisted that people of African descent should be recognized as
a group exposed to a unique form of discrimination, and called for the identification of
measures designed to address the specific inequity traps that people of African descent were
caught in. She reiterated her call for the establishment of a decade for people of African
descent.
70.
Commenting on the Chairperson’s presentation, Mr. Paixao noted that positive
action measures needed to be broader and inclusive in order to ensure that minorities
benefited from better living conditions. Ms. Sahli noted that the three approaches
introduced in the presentation – compensatory, corrective and redistributive – should be
used cumulatively rather than alternatively.
71.
A member of the Working Group, Monorama Biswas, gave a presentation on the
perspective of the Working Group on positive action. She stressed that minorities,
particularly people of African descent, found it harder to have access to decent employment
and that too many of them encountered discrimination at least once at work. In order to
overcome this structural discrimination, Ms. Biswas called on States to put in place national
action plans that would include special measures, such as legislative, executive,
administrative, budgetary and regulatory instruments, at every level of the State apparatus.
They should also develop plans, policies, programmes and preferential regimes in areas
such as employment, housing, education, culture and participation in public life for
disadvantaged groups, devised and implemented on the basis of such instruments. She
added that States should include special measures in their legal systems, whether through
general legislation or legislation directed to specific sectors, as well as through plans,
programmes and other policy initiatives at national, regional and local levels. Referring to
the model in North America, the member pointed out that, despite the controversy that
tainted it, affirmative action had produced a legacy of tangible successes, including a
revolution in recruiting and hiring, and had helped to redress the country’s long history of
racial discrimination. She stressed that rethinking affirmative action in terms of structural
inequality, exclusionary institutional practices, trans-generational disadvantages and even
unconscious biases were effective ways to engage people, individual Governments and the
international community on the issue.
72.
Following the presentation, discussions were held on the issues of self-identification
in censuses and the ever-growing problem of discrimination faced by African migrants in
Europe, including in the area of employment.
73.
Ms. Biswas noted that it was for each country to take into consideration the
difference between vulnerable groups and to take appropriate and specific measures to
tackle discrimination efficiently. She stressed that the Working Group could contribute
through collecting data and country visits.
12