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 16

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