A/HRC/56/68/Add.1 International Convention for the Protection of All Persons from Enforced Disappearance, the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of Persons with Disabilities. III. Key issues relating to the Special Rapporteur’s mandate and relevant government initiatives A. Systemic racism and intersecting forms of discrimination 6. Many from racially marginalized groups in the United States continue to experience persistent systemic racism. Systemic racism has been defined as “the operation of a complex, interrelated system of laws, policies, practices and attitudes in State institutions, the private sector and societal structures that, combined, result in direct or indirect, intentional or unintentional, de jure or de facto discrimination, distinction, exclusion, restriction or preference on the basis of race, colour, descent or national or ethnic origin. Systemic racism often manifests itself in pervasive racial stereotypes, prejudice and bias and is frequently rooted in histories and legacies of enslavement, the transatlantic trade in enslaved Africans and colonialism.”5 7. Individuals described systemic racism as “being in the air we breathe” and persisting “from cradle to grave”, articulating the pervasive, pernicious, far-reaching and unrelenting nature of the injustice. 8. Systemic racism, as rooted in enslavement, the transatlantic trade in enslaved Africans and colonialism, profoundly affects people of African descent. It is also clear that the white supremacy and settler colonialism that is inherent in systemic racism affecting people of African descent also leads to other forms of racism, racial discrimination, xenophobia and related intolerance which impact Indigenous Peoples, those living in the overseas territories, Latinos/Hispanics, migrants, Asians, Jewish communities, Muslims, and Arabs. Additionally, many that the Special Rapporteur met with reported facing multiple, intersecting and mutually compounding forms of discrimination, including on the basis of race, colour, descent, national or ethnic origin, sex, gender, gender identity, religion, sexual orientation, nationality, migration status, disability, religion and/or socioeconomic status. 9. The Special Rapporteur commends the federal Government on developing several cross-cutting initiatives to address racial discrimination. These include Executive Order 13985, entitled Advancing Racial Equity and Support for Underserved Communities Through the Federal Government; Executive Order 14091, entitled Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government; and measures to ensure that federal government funding is directed towards historically underserved communities. She welcomes the fact that these executive orders and action plans recognize the systemic nature of racial discrimination, reflect a strong commitment to eliminating racial discrimination and commit to a whole-of-government approach. The Special Rapporteur also appreciates the information that she received about equity assessments and action plans across federal government departments to review how underserved communities and their members face systemic barriers in accessing benefits and opportunities. 10. Given the importance of access to remedy to addressing systemic racism, the Special Rapporteur also welcomes information she received about mechanisms in place across the federal Government to receive complaints of discrimination, including racial discrimination. She noted with concern, however, the lack of a national human rights institution in line with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles). 11. Unrelenting systemic racism is defined and driven by a lack of resolution, remedy and reparations for historical patterns and ongoing legacies of chattel slavery and colonialism. 5 GE.24-08027 See A/HRC/47/53. 3