I would recommend that we clearly and explicitly say, that affirmative
action is not against the principle of equality but is an instrument for
achieving equality and justice for underprivileged and vulnerable groups
and minority communities. In this also connection I would like to say that
the document should emphasize the principle of equality of opportunities
to education and the document has already emphasized equal right to
education and non-discrimination. Those tend to be more protective and
defensive while equality of opportunity is more pro-active and provides
legal basis for special measures, preferential treatment of minority
communities who need those kinds of support, special and exceptional
support. In order to be able to enjoy their equal rights.
The second comment that I would like to make in order to enhance
implementation is suggest to national governments to consider issuing a
law on equal opportunity and anti-discrimination. Several countries have
already done that and this is not going to be an ordinary law like all the
other laws that suffer from lack of implementation because experience
tells us that this is a different type of law. It is a law that provides
monitoring mechanisms not only for the purpose of investigating
complaints or holding authorities accountable because they have not
implemented their obligations, or governments or any responsible
authorities. It is a special law that provides mechanisms in the positive
sense and that because, commissions for example, equal opportunity
commissions, are empowered to discuss plans for eliminating
discrimination over a period of time and resources that must be made
available and then they monitor implementation of those plans. So it
enables, it induces change in the positive sense that normally is required
in minority and vulnerable group situations where resources are scarce.
Where there is cultural bias that needs to be death with in a special way
and over time. If the plans are not implemented then accountability comes
in. So I am recommending that this be put as a proposal in our
recommendations and that also we consider developing or updating model
law to help governments, to help national human rights institutions and
NGOs working in that direction.
Thank you very much.