A/79/316
(c) Temporary, ceasing after the objectives for which they have been taken
have been achieved;
(d) Designed and implemented through prior consultation with affected
communities and the active participation of such communities;
(e)
group;
Available to individuals who self-identify as belonging to the targeted
(f) Taken for the sole purpose of ensuring equal enjoyment of human rights
and fundamental freedoms;
(g) One component in the ensemble of provisions in the Convention dedicated
to the objective of eliminating racial discrimination, the successful achievement of
which will require the faithful implementation of all provisions of the Convention;
(h) Different than general measures taken to secure human rights on a
non-discriminatory basis to persons and groups;
(i) Different than specific rights pertaining to certain categories of person or
community, such as Indigenous land rights, for which permanent measures may be
needed.
14. In 2011, the Committee on the Elimination of Racial Discrimination issued
general recommendation No. 34 on racial discrimination against people of African
descent, in which specific recommendations are made to States to implement special
measures aimed at eliminating all forms of racial discrimination against people of
African descent. In the general recommendation, the Committee recommended that
States formulate and implement national strategies, including special measures, with
the participation of people of African descent; educate and raise the awareness of the
public of the importance of special measures to address the situation of victims of
racial discrimination, especially discrimination as a result of historical factors; and
develop and implement special measures aimed at promoting the employment of
people of African descent in the public and private sectors. 9
15. In the Durban Declaration and Programme of Action (2001), the necessity for
special measures aimed at correcting the conditions that impair the enjoyment of
rights and the introduction of special measures to encourage equal participation of all
racial and cultural, linguistic and religious groups in all sectors of society and to bring
all onto an equal footing is recognized. It is also stated in the Declaration that special
measures should include those to achieve appropriate representation in education al
institutions, housing, political parties, parliaments and employment, especially in the
judiciary, the police, the army and other civil services. In the Declaration, States are
expressly requested to promote understanding among society at large of the
importance of special measures to overcome disadvantages faced by Indigenous
Peoples. 10
16. Within other international human rights instruments, there are limited references
to special measures specifically addressing racial or ethnic inequities. The
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) of the
International Labour Organization allows for special measures designed to meet the
particular requirements of persons who, for reasons such as sex, age, disablemen t,
family responsibilities, or social or cultural status, are generally recognized to require
special protection or assistance, and those should not be deemed to be
discrimination. 11 While there is no express mention of race therein, the Special
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9
10
11
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See CERD/C/GC/34.
A/CONF.189/12 and A/CONF.189/12/Corr.1, chap. I.
United Nations, Treaty Series, vol. 362, No. 5181, art. 5, para. 2.
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