A/HRC/45/44
65.
On 12 June 2020, the Committee on the Elimination of Racial Discrimination issued
an early warning and urgent action procedure with regard to the United States, calling upon
the State inter alia to comply with its treaty obligations, to mitigate police misconduct, to
recognize structural discrimination, to desist in calling the military in against peaceful
protesters, and to enact policing reform and eliminate racial profiling.
IV. Conclusions and recommendations
A.
Conclusions
66.
The Working Group welcomes the current attention to the issue of systemic
racial discrimination that people of African descent face, and thanks the Black Lives
Matter movement and anti-racism protestors for turning a spotlight towards this
urgent matter. It is now time for Member States to take real action to ensure that the
roots of the problem are effectively addressed, that international human rights law is
implemented and that justice is provided. Positive steps at the local levels must continue
until equal justice is finally achieved.
67.
Evidence suggests that this moment has been a complex test for the human rights
system, including its ability to address grave violations and States’ commitments to
compliance with and enforcement of human rights law. With respect to people of
African descent, the COVID-19 pandemic has shown that systemic racism touches the
lives of people of African descent broadly. Structural racial discrimination exacerbates
inequality in access to health care and treatment, leading to racial disparities in health
outcomes and increased mortality and morbidity for people of African descent. These
racial disparities suggest that the precarity that many people of African descent
experience, particularly in intersectional populations, will increase.
68.
COVID-19 outcomes have been overtly socially-determined, centring race as a
significant factor, despite popular narratives that the virus was race-neutral and
assurances that “we are all in this together”. Policymakers neither acknowledged nor
corrected existing social determinants of health, creating even greater risks for people
of African descent. Racial disparities ensued, and persist. Recent research confirms the
importance of taking proactive measures to protect frontline workers of African
descent, a high-risk category within the high-risk category of frontline workers.50
69.
Racial discrimination cannot be resolved merely by ignoring race and assuming
that the legacy mindsets of colonialism and that trade and trafficking in enslaved
Africans have vanished.51 This is of particular relevance in the context of the COVID19 pandemic, where there is a risk that knowledge production will baseline white
experiences as standard, that is, fail to question the impact of systemic racism in this
context as a feature of the pandemic that must be addressed rather than merely narrow
the gaps between people of African descent and a white-defined norm.
70.
As anti-racism protests continue, many State and non-State institutions have
embraced symbolic changes and echoed key tag lines. This is, however, only a first step.
The toxic effects of systemic racism can be dismantled only through substantive efforts
to curb police violence, address impunity and ensure racial equity and equality.
71.
Disaggregated data are also an important, politicized resource in the COVID-19
pandemic. The failure to keep disaggregated data facilitates and conceals human rights
violations against people of African descent globally. Some States nonetheless fail to
keep or publish such data. In the case of the pandemic, existing disaggregated data
highlight the stark racial disparities in rates of infection and mortality. Racial
50
51
See Nguyen et al., “Risk of COVID-19 among front-line health-care workers”.
An African American author, Toni Morrison, expressed this concern in 1975 when she identified the
function of racism as one of ’distraction’, “a device that “keeps you from doing your work. It keeps
you explaining, over and over again, your reason for being.”
15