A/79/316 G. Lack of active participation of intended beneficiaries 70. The Special Rapporteur notes with concern that there is often a lack of consultation with and active participation of intended beneficiaries in the development and implementation of special measures. Without meaningful, inclusive and safe consultation and participation, special measures are unlikely to be effective and achieve their intended goals and, at worst, can severely impinge on the rights of intended beneficiaries. 71. Consultation with intended beneficiaries allows policymakers to understand the specific needs, contexts and challenges faced by different communities, leading to more effective and pertinent policies. The direct participation of intended beneficiaries can help to ensure that policies are inclusive, equitable and culturally sensitive and to avoid unintended consequences and appropriation of the lives of racially or ethnically marginalized groups. Furthermore, when communities are actively involved in the development of special measures, the empowerment and motivation of communities may increase, thereby ensuring the effective implementation of such policies. 72. The Committee on the Elimination of Racial Discrimination has repeatedly called upon States to ensure that special measures are based on consultations with affected communities in accordance with general recommendation No. 32. 93 The Special Rapporteur echoes these calls and urges States to pay particular attention to women, youth and other groups that face specific, unique and compounded challenges. H. Premature withdrawal of special measures 73. Special measures should be reviewed regularly to ensure their effectiveness and continued necessity. Special measures should only be ceased once substantive equality and representation have been achieved; however, this may take a significantly long time, given the extent of historical injustices and continuing discrimination. It is impractical to achieve the equitable representation and overall empowerment of racial or ethnically marginalized groups within a set time frame due to the history of systemic discrimination and oppression and their persistence. Therefore, it is essential to implement robust review mechanisms to assess effectiveness and limitations in the implementation of special measures. 74. The Special Rapporteur is concerned that, in reaction to pushback against special measures and global pushback against measures to address racism and racial discrimination in general, some States and other actors have withdrawn or will consider withdrawing special measures prematurely. The Special Rapporteur is deeply concerned by the abrupt or premature withdrawal of special measures, prompted by political interests and right-wing propaganda. The abrupt withdrawal of special measures will undermine the progress made and reinforce existing systemic racism and discrimination. The Special Rapporteur echoes the recommendation of the Committee on the Elimination of Racial Discrimination that States parties should carefully determine whether negative human rights consequences would arise for beneficiary communities following an abrupt withdrawal of special measures, especially if such measures have been established for a lengthy period. 94 __________________ 93 94 22/24 For example, CERD/C/NAM/CO/16-18, para. 21; CERD/C/URY/CO/24-26, para. 26; CERD/C/NIC/CO/15-21, para. 41; CERD/C/PRT/CO/18-19, para. 30; CERD/C/ARG/CO/24-26, para. 21; CERD/C/BRA/CO/18-20, para. 29; and CERD/C/USA/CO/10-12, para. 9. CERD/C/GC/32, para. 35. 24-15073

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