A/76/434
A.
Declining engagement
71. Observers of the Durban process have raised several concerns over the years
relating to its marginalization at all levels of the United Nations. 89
72. According to OHCHR, only 23 States and regional institutions have adopted
national and regional policies against racism in the past 20 ye ars. 90 Furthermore, with
no international body in place to evaluate action plans, it is difficult to determine their
levels of implementation.
73. State participation in the Durban follow-up mechanisms has also steadily
declined over the years. There were only 12 State submissions received in 2020 for
the annual report of the Secretariat on the implementation of and follow -up to the
Durban Declaration and Programme of Action (A/75/561), which is less than half the
26 submissions sent in by States in 2011 (see A/66/328).91 State participation in the
Intergovernmental Working Group on the Effective Implementation of the Durban
Declaration and Programme of Action has also declined from its peak of 105 States
in 2010 (A/HRC/16/64, annex I). Only 53 States participated in the sessions of the
Intergovernmental Working Group in 2019, and 46 in 2020 ( A/HRC/43/73, annex;
and A/HRC/46/66, annex).
74. Independent monitoring of progress on the implementation of the Durban
Declaration and Programme of Action is also a logistical obstacle, owing to the sheer
complexity of the manifestations and modalities of racism in different national
contexts. For several years, the Group of Independent Eminent Experts and the
Intergovernmental Working Group have highlighted the need for a racial equality
index (A/HRC/26/56, para. 11; E/CN.4/2005/125 and E/CN.4/2005/125/Corr.1,
para. 23; and E/CN.4/2006/18, para. 97), 92 which could provide an objective and
standardized measure of racial equality across the world, but little progress has been
made in standardizing the monitoring of racial discrimination. The Special
Rapporteur highlights the recent report of the Human Rights Council Advisory
Committee (A/HRC/48/72) as a key to developing future mechanisms to monitor
racial discrimination pursuant to the Durban outcome document.
75. Declining engagement in the document can also be attributed to a lack of
publicity. Over the years, NGO observers have consistently noted that it was unknown
in national contexts and had not been promoted outside the United Nations
(A/73/98/Add.1, para. 17; and A/74/173, paras. 59–63); the Chair of the Group of
Independent Eminent Experts has stated that the “lack of public awareness about the
actual content of the Durban Declaration and Programme of Action constituted a
major obstacle towards generating political will for its full and effective
implementation” (A/HRC/46/66, para. 39). In submissions for the Special
Rapporteur’s report, several civil society actors urged greater publicization of the
document and suggested that the text be made more accessible. 93
B.
Marginalization within the United Nations
76. According to some accounts, the United Nations itself has played a role in the
marginalization of the Durban process. According to submissions and even the reports
__________________
89
90
91
92
93
21-15325
Submission by Unia.
OHCHR, “Fighting racism and discrimination”.
In 2021, however, the number of State submissions for the report of the Secretariat rose to 18,
reflecting, it is to be hoped, an upward trend in engagement. See A/76/287.
In 2006, OHCHR released a draft document on developing a racial equality index. See
E/CN.4/2006/14.
Submission by Unia.
19/26