A/HRC/45/44
78.
Remote learning and educational stopgaps during the pandemic have been
inequitable. When schools closed, many students disappeared. In the United States,
20,000 (predominantly African-American) children in Detroit had no contact with
anyone in school between March and July 2020. In the United States, this is systemic
and national: the non-profit College Board, which administers standardized testing,
suggested that a student sit for rigorous Advanced Placement exams in the street outside
a McDonald’s restaurant.56 The case of a girl of African descent detained for failure to
complete school work during the pandemic is a particularly serious example of
disparate treatment and structural racism.
B.
Recommendations
79.
The Working Group recommends that States:
(a)
Look specifically at the impact of systemic racism in policing, health care,
COVID-19 pandemic policy and other areas of discretionary decision-making on
communities of African descent, and explicitly strive to disable taxonomy that obscures
or minimizes that impact;
(b)
Prioritize human rights, equality and racial equity, even in times of
emergency, and take measures to mitigate the impact of racial bias when decisions are
made under stress or time pressure;
(c)
Prioritize vaccines for essential workers, including in particular frontline
workers in health care and home health aides, carers and others enabling widespread
quarantines and who continue to take a disproportionate risk;
(d)
Launch campaigns to dismantle stereotypes and to dispel social beliefs
that people of African descent may be responsible for community spread of COVID-19;
(e)
Where people of African descent have experienced disproportionate
abuses of authority by law enforcement, review applicable law, practices and policies to
determine which reforms lead to future equitable outcomes;
(f)
Provide documentation allowing essential workers, including migrants,
to travel to and from work unimpeded, while ensuring that migrant populations should
receive equal social service assistance;
(g)
Remove legal barriers to video recording or disseminating law
enforcement conduct publicly.
80.
The Working Group also recommends that stakeholders build in reflection
requirements to decrease biased decision-making. Unfettered discretion drives
institutional racism, even among highly trained and educated personnel. One effective
countermeasure to unconscious bias is to build reflection into decision-making, giving
less license to the reactive parts of the brain: a mindset of reflection, rather than
reaction.
81.
Data disaggregated by race should be collected and analysed with respect to the
COVID-19 pandemic, including on the enforcement by States of COVID-19-related
restrictions.
82.
States should reduce prison populations and relocate migrants from detention
centres to protect their health and dignity, in accordance with international human
rights standards. They should ensure that people of African descent in detention have
access to the same standard of health care as is available in the community, regardless
of citizenship, nationality or migration status.
83.
The Working Group recommends that the United Nations Organization
continue to monitor States’ compliance with and implementation of international
56
Stephanie Sun, “Taking an AP test outside McD’s: The low-income student’s predicament”, New
York Daily News, 18 May 2020.
17