A/76/434
Japan and the Center for Minority Issues and Mission, provided examples of racial
injustice relating to xenophobia and prior histories of colonialism. The Global
Campaign for Equal Nationality Rights noted ongoing gender inequality rooted in
nationality laws, highlighting discrimination on the basis of migration status and
gender as key manifestations of racism. 34 The Haitian Bridge Alliance explained that
Haitian migrants and refugees were subjected to racialized discrimination and
violence at the hands of law enforcement, border officials and non -State actors
throughout the Americas. In its submission, the Alliance noted that States had not
taken the steps necessary to counter the root causes of displacement, such as
underdevelopment and neocolonial imperialism, which have affected Haiti
especially. 35 The Research Center on Issues of Koreans in Japan and the Center for
Minority Issues and Mission reported xenophobia targeting Koreans, noting that the
Durban Declaration and Programme of Action helped to call attention to the roots of
that discrimination in the prior imperial relationship between Japan and the Korean
nation. 36 Repairing past injustice requires addressing this contemporary
discrimination.
37. In one submission, it was reported that the temporary occupation by the Russian
Federation of the Autonomous Republic of Crimea and the city of Sevastopol,
Ukraine, had engendered discrimination against certain ethnic groups, including
Crimean Tatars. In the submission, the relevant human rights violations are identified
as relating to minority protection, anti-colonialism and self-determination, and the
framework of the Durban Declaration and Programme of Action is used to analyse
the harms of the occupation through the legal nexus provided by the document. 37
38. In another submission, it was reported that the Government of Canada continued
to violate a 2016 ruling that found that the First Nations Child and Family Services
Program was discriminating on the basis of race and national or ethnic origin.
Furthermore, in 2018, the Office of the Auditor General of Canada found that the
country had not taken preliminary steps to eliminate socioeconomic gaps between
First Nations people and other Canadians; the Office urged Canada to gather d ata to
report on the socioeconomic well-being of First Nations people. According to the
submission, this has not occurred. 38 The concerns raised in the submission illustrate
the importance of the emphasis placed in the Durban Declaration and Programme of
Action on the rights of indigenous peoples; those concerns can also be framed through
reparative justice frameworks for colonialism, the recommendation to collect
disaggregated data, the call to provide development resources to indigenous groups,
action steps to achieve substantive equality and Member States’ endorsement of the
“best interests of the child” standard. 39
39. In Louisiana, United States, grass-roots activists have shown how
environmental degradation is not just putting Black lives at risk, but also destroying
historical African-American cemeteries. In the Durban Declaration and Programme
of Action, such degradation is recognized not only as a violation of the right to health,
but also as a violation of residents’ rights to sustainable development and of the call
to celebrate, honour and protect Black heritage and cultural life. 40
__________________
34
35
36
37
38
39
40
12/26
Submission by the Global Campaign for Equal Nationality Rights and others.
Submission by the Haitian Bridge Alliance.
Submission by the Research Center on Issues of Koreans in Japan and the Center for Minority
Issues and Mission.
Submission by the Association of Reintegration of Crimea.
Submission by the First Nations Child and Family Caring Society of Canada.
Declaration, para. 72.
Submission by Forensic Architecture; and Declaration, para. 34.
21-15325