A/HRC/44/57/Add.2
97.
In respect of the legal framework and the scope of efforts to achieve racial
equality, the Government must:
(a)
Adopt a definition of racial discrimination that encompasses its human
rights law obligations under the International Convention on the Elimination of All
Forms of Racial Discrimination, the International Covenant on Civil and Political
Rights, the International Covenant on Economic, Social and Cultural Rights and
other treaties;
(b)
Harmonize its commitments to racial equality throughout its four
constituent countries and three special municipalities. As part of this effort, the
Government should work to create responsive human rights institutions at the local
level. In addition, it should mainstream its obligations on racial equality throughout
each constituent country’s action programmes;
(c)
Continue moving from a de jure, non-discrimination and equal
treatment approach to an approach that will ensure substantive, de facto equality. In
addition to paying increased attention to racial inequality, the Government must take
the necessary special measures in the political, economic, social and cultural spheres
to ensure the equality of racial and ethnic minorities. Furthermore, the Government
should take steps to ensure the full implementation of the Durban Declaration and
Programme of Action and to honour the commitments made in the framework of the
International Decade for People of African Descent;
(d)
Pursue racial equality and non-discrimination in a way that recognizes
the intersectional character of inequality and discrimination. It should pay attention
to forms of multiple discrimination. An intersectional lens should also help reveal
racial discrimination overlapping with, inter alia, lesbian, gay, bisexual, transgender
and intersex identity, citizenship status, migration status and religion;
(e)
Adopt participative approaches to policymaking. In other words, it must
ensure the participation of affected and vulnerable groups and adopt policymaking
approaches that centre on the needs and voices of these groups. Moreover, the
Government must consult vulnerable communities on the issues they confront. The
Special Rapporteur recommends similarly engaging with other communities facing
threats, including Muslims and human rights defenders such as anti-Black Piet
activists;
(f)
Foster tolerance among and ensure appropriate training for government
staff. More systematic anti-discrimination and intercultural sensitivity training is also
necessary across all sectors of national authorities to ensure that frontline staff and
even civil service leaders are required to understand and confront ethnic, racial and
religious prejudice, as well as implicit biases that affect their treatment of racial,
ethnic and religious minorities. The Special Rapporteur was reassured to learn of the
work that the Government is doing to increase awareness of lesbian, gay, bisexual,
transgender and intersex issues and to promote equality for women. Unfortunately, a
similar emphasis on ethnic and religious intercultural sensitivity has seemingly not
been nurtured across all sectors. Despite many officials insisting that equality, nondiscrimination and tolerance are engrained and widespread within public institutions,
the experiences of racial and ethnic minorities who reported experiencing racial,
ethnic and religious stereotypes in interactions with government authorities clearly
prove otherwise.
98.
In respect of equality, racial discrimination, racism and intolerance, the
Government must:
(a)
Combat forms of racial profiling and eradicate racial discrimination in
policing. It must collect data on stop-and-search practices and develop strategies to
address the disproportionate and excessive use of stop-and-search powers and
excessive force. Furthermore, the Government must deal decisively with structures
and individuals that promote or tolerate racism and discrimination within the police
forces;
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