A/HRC/18/45
98.
Verene Shepherd emphasized the importance of the intellectual contributions of
people of African descent, such as in various books by distinguished scholars, philosophers,
experts on human rights and Nobel prize laureates.
D.
Discussion under item 9 on the draft conclusions and recommendations
made at the tenth session
99.
The Chairperson opened the 8th meeting on 1 April with a presentation of the draft
conclusions and recommendations. She invited the other experts and observers to formulate
comments. A representative of a State asked about the nature of disaggregated data, as
referred to in the conclusions and recommendations, and commented on the difficulty of
collecting such data in those countries where it was State policy not to distinguish between
different racial groups. A representative from a non-governmental organization commented
that any recommendation referring to reparations for victims of the slavery and the slave
trade should identify who exactly was owed reparations. A representative of a State
commented that the issue of reparations would best be studied separately and that it would
be extremely difficult to calculate any reparations for slavery and the slave trade.
100. A representative of a non-governmental organization suggested that the conclusions
and recommendations should include a reference to combating denial of the slave trade.
Several observers commented on the use of the term “Afrophobia”, some suggesting that its
meaning was unclear and others that it did not add value to the current discourse on the
rights of people of African descent. Others were very much in favour of its use. A
representative from a regional group commented that reparations for the transatlantic slave
trade was a divisive issue that had jeopardized the 2001 Conference and that recognizing
that the slave trade was a crime against humanity did not imply that the issue of reparations
for people of African descent was a human rights issue. The representative asked for
clarification concerning the nature of the “special mechanism” to reopen the discussion on
reparations referred to in the recommendations. Another representative of a State
commented that the issue of reparations was presented in a balanced way in the document
and did not prejudge future discussions on the subject.
101. A representative from a regional group stated that positive and affirmative action
measures that targeted one specific group could be problematic and that judgements from
the European Court of Justice had highlighted the difficulty of combining the promotion of
equal treatment with affirmative action in favour of one group of individuals. In reference
to the conclusion of the Working Group noting the absence from the session of many
Western and a significant number of Caribbean countries, the same regional group
representative commented that a representative of its regional group had been present
throughout the session.
102. A representative from a non-governmental organization commented that the theme
proposed by the Working Group for the International Year for People of African Descent,
“Recognition, justice and development”, had enjoyed wide acceptance from civil society,
many Member States and OHCHR. A representative from another non-governmental
organization commented that there was a connection between the legacy of the slave trade
and the situation of migrants from Africa, adding that relevant conventions on the rights of
migrants were not being fully complied with. A representative from a regional group
commented that a reference to migrants and asylum-seekers in the conclusions and
recommendations was not relevant, because there was no evidence that people of African
descent were disproportionately affected. A representative of a non-governmental
organization stated that the conclusions and recommendations should include reference to
the right of African descendents to physical space to recreate their culture and the right to
territorial sovereignty of Afro-descendents. It was further suggested by the representative of
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