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insufficient resourcing of many special measures programmes. Many in the United
Nations system share the Special Rapporteur’s view that States need to urgently
increase the adoption of special measures. The United Nations High Commissioner
for Human Rights has stated that there is insufficient use of special measures, 58 and
the Committee on the Elimination of Racial Discrimination has continually and
repeatedly expressed concern about the lack of information on special measures taken
by States parties 59 and called upon States to adopt special measures to address
inequities relating to racial and ethnic groups. 60 Similarly, the Human Rights
Committee has called upon States to adopt special measures to increase the
representation of Indigenous Peoples and people of African descent to give full effect
to the provisions of the International Covenant on Civil and Politi cal Rights. 61
49. One of the primary challenges is the limited or biased understanding of special
measures by policymakers and stakeholders. Many decision makers lack an
understanding of the purpose and scope of these measures, leading to inconsistent
application and limited effectiveness. The Special Rapporteur urges States to establish
strong systems for auditing existing special measures and gaps where special
measures are needed to ensure effective implementation.
50. The Special Rapporteur also notes the overall lack of special measures regarding
people of African descent in Europe despite evident racial discrimination and the
legacies of colonialism. Nearly half the people of African descent surveyed in the
European Union experienced racial discrimination, with an increase from 39 per cent
in 2016 to 45 per cent in 2022. 62
C.
Lack of broad societal support
51. The Special Rapporteur notes with deep concern the growing pushback against
special measures, and anti-racism measures more generally, in many parts of the
world. She expresses her concern about this move away from special measures, which
States are obligated to adopt where there is disparate enjoyment of human rights
among persons and groups in a State party. The Special Rapporteur reminds States
that special measures are a key part of dismantling persistent and structural racial
inequities.
52. The Special Rapporteur asserts that one of the major reasons for this pushback
is a lack of acceptance that racism and racial inequalities exist, which results in a lack
of acceptance that there is a need for special measures. 63 She expresses her deep
concern over the existing social biases and apathy towards special measures and
anti-racism policies. The terms “reverse racism” and “reverse discrimination” are
often used to critique the efforts introduced by governments to promote equality,
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A/HRC/51/53, para. 48.
For example, CERD/C/QAT/CO/22-23, para. 16; CERD/C/DEU/CO/23-26, para. 19;
CERD/C/MAR/CO/19-21, para. 21; and CERD/C/HRV/CO/9-14, para. 9.
For example, CERD/C/USA/CO/10-12, para. 9; CERD/C/MDA/CO/12-14, para. 22;
CERD/C/DEU/CO/23-26, para. 19; CERD/C/BGR/CO/23-25, paras. 19 and 25;
CERD/C/MAR/CO/19-21, para. 22; CERD/C/SEN/CO/19-23, para. 9; CERD/C/URY/CO/24-26,
paras. 8 and 26; CERD/C/NAM/CO/16-18, paras. 19 and 21; CERD/C/NIC/CO/15-21, paras. 17
and 41; CERD/C/TJK/CO/12-13, paras. 18 and 21; CERD/C/PRT/CO/18-19, paras. 28 and 30;
and CERD/C/ARG/CO/24-26, para. 21.
For example, CCPR/C/MEX/CO/6, para. 11; CCPR/C/IRQ/CO/6, para. 41; and
CCPR/C/GTM/CO/4, para. 9.
European Union Agency for Fundamental Rights, Being Black in the EU: Experiences of People
of African Descent (Luxembourg: Publications Office of the European Union, 2023), p. 14.
For example, A/HRC/27/68/Add.1, paras. 26 and 57.
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