PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation II. GROUPS EXPOSED TO RACIAL DISCRIMINATION AND ASSOCIATED HARMS The United Nations system has named a number of particular groups facing racial discrimination or related forms of intolerance or exclusion globally. However, for a number of reasons, any list of groups recognized in this way will only ever be partial; indeed, problems of denial, obstruction and absence of political consensus mean that some of those most at risk of discrimination are not recognized at the international level. It is undoubtedly the case that the identification (or not) of particular groups exposed to human rights abuse or in need of protection is influenced by geopolitics. The problem of racism, racial discrimination and the treatment of particular ethnic groups has also been affected by the problem of denial, a matter which affects human rights questions more broadly.884 In addition, it is frequently the case that naming in the international system may lag behind the self-identification of particular groups or may fail to fully reflect the richness and self-empowerment of groups taking ownership of their group personality and common history, often in the course of liberation movements. Nevertheless, the United Nations system has named a number of particular groups exposed to discrimination on the basis of race or ethnicity, often in the course of expressing serious human rights concern or to signal a requirement of recognition or protection. A first and most obvious category of persons affected by racial discrimination are ethnic minorities, that is one of the four categories named explicitly in the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. The International Decade for People of African Descent is currently ongoing and the United Nations has established a dedicated Working Group of Experts on People of African Descent.885 The killing of George Floyd, the Black Lives Matter movement and the global solidarity movements arising from these events have led to renewed and increased focus on problems of racial injustice against people of African descent. This gave rise, among other things, to Human Rights Council resolution 43/1 on the promotion and protection of the human rights and fundamental freedoms of Africans and of people of African descent against excessive use of force and other human rights violations by law enforcement officers, in which the Council requested, inter alia, a report on the subject from the United Nations High Commissioner for Human Rights. In the report, published in June 2021,886 the High Commissioner sets out a Four-point Agenda towards Transformative Change for Racial Justice and Equality, with a global vision for (a) dismantling systemic racism, (b) pursuing justice, ending impunity and building trust, (c) listening to people of African descent and acting upon their concerns, and (d) providing redress by confronting past legacies, taking special measures and delivering reparatory justice. Pursuant to the report, the Human Rights Council adopted resolution 47/21 by consensus, establishing a new international independent expert mechanism to advance racial justice and equality in the context of law enforcement. In July 2021, the General Assembly established the Permanent Forum of People of African Descent to serve as a consultative mechanism for people of African descent and other stakeholders, and as an advisory body to the Human Rights Council. These two new mechanisms further strengthen the existing United Nations architecture established to counter racism, combat racial discrimination and to strengthen the rights and protection of minorities. Roma, Sinti, Travellers and people self-identifying as or stigmatized as “Gypsies” or related groups were explicitly named in the Durban Declaration and Programme of Action adopted at the close of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in 2001.887 Discrimination against Roma was the subject of a specific general recommendation of the Committee on the 130 884 On the problem of denial, see Stanley Cohen, States of Denial: Knowing about Atrocities and Suffering (London, Polity Press, 2000). 885 The web page of the Working Group is www.ohchr.org/EN/Issues/Racism/WGAfricanDescent/Pages/WGEPADIndex.aspx. See also InterAmerican Commission on Human Rights, The Situation of People of African Descent in the Americas. 886 A/HRC/47/53. 887 Durban Declaration, para. 68.

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