A/70/335
effectively implement anti-discrimination policies without good data, which should
be collected in accordance with European laws on data protection and protection of
privacy, as such information would assist in assessing and evaluati ng the situation
and experience of groups which are particularly vulnerable to racism, xenophobia,
anti-Semitism and intolerance.
23. The 1969 American Convention on Human Rights and its 1988 Additional
Protocol in the Area of Economic, Social and Cultural Rights prohibits
discrimination on the grounds listed above. Article 12 of the 2013 Inter -American
Convention against Racism, Racial Discrimination and Related Forms of Intolerance
stipulates that “the States parties undertake to conduct research on the n ature, causes,
and manifestations of racism, racial discrimination and related forms of intolerance
in their respective countries, and to collect, compile, and disseminate data on the
situation of groups or individuals that are victims of racism, racial di scrimination,
and related forms of intolerance.” Article 15 (iv) establishes the Inter -American
Committee for the Prevention and Elimination of Racism, Racial Discrimination, and
All Forms of Discrimination and Intolerance to monitor implementation and the
compliance of States with their obligations. In that respect, States parties are
requested to submit reports to the Committee containing disaggregated data and
statistics on groups in situations of vulnerability. The Special Rapporteur welcomes
the development of the Convention and strongly encourages member States of the
Organization of American States to ratify it.
24. The Inter-American Commission on Human Rights has held that the issue of
figures is essential, since “without reliable data, without indi cators and periodic
measurements, the kinds of political decisions calculated to deal with the
discrimination problem cannot be taken. The figures also have an unmistakable
political element, since for those affected it means that their invisibility is bei ng
reversed and they are being recognized along with everyone else.” 6
25. Article 2 of the African Charter on Human and Peoples’ Rights stipulates that
“every individual shall be entitled to the enjoyment of rights and freedoms … without
distinction of any kind such as race, ethnic group, colour, sex, language, religion,
political or any other opinion, national and social origin, fortune, birth or other
status.” The collection of data as part of periodic reporting by States has been
included in several guidelines, including the reporting guidelines for States parties on
economic, social and cultural rights in the African Charter on Human and Peoples’
Rights (Tunis reporting guidelines), in which States parties are requested to provide
disaggregated statistics on the enjoyment of each right, particularly with reference to
groups identified as vulnerable or marginalized, on an annual comparative basis over
a period of five years. Submitting States are also requested to provide disaggregated
data on the impact of the policies implemented.
26. The African Charter on Statistics, whose principal aim is to provide guidance
on developing harmonized development statistics at the continental level, while
reasserting State awareness of the need to collect data in order t o inform and assess
policies, does not make reference to equality data. In that respect the Special
Rapporteur would like to underscore the necessity of developing thorough regional
frameworks, including a human rights-based approach to the collection of
development statistics and indicators, which should systematically aim to accurately
__________________
6
15-14106
See Inter‐American Commission on Human Rights “The situation of people of African descent in
the Americas” (2011).
9/24