A/HRC/35/41
F.
Value of data and statistics
42.
In his report submitted to the General Assembly in 2015 (A/70/335), the Special
Rapporteur addressed the role of data and statistics in combating racism, racial
discrimination and xenophobia. The previous mandate holder had also highlighted the need
to and value of collecting disaggregated data and statistics to combat discrimination. The
2015 report built on an extensive body of legal provisions and recommendations on the
collection of data and statistics, including the Durban Review Conference which
recommended that States develop systems and mechanisms to collect and analyse data,
including equal-opportunity and non-discrimination indicators with a view to regularly
assessing the situation of all victims of racism, racial discrimination, xenophobia and
related intolerance. The Special Rapporteur noted that the lack of disaggregated data across
prohibited grounds of discrimination had led to a significant information gap that
obstructed effective policymaking at the national, regional and international levels.
43.
Indeed, Goal 17 of the recently adopted Agenda for Sustainable Development calls
for the collection of disaggregated data to measure progress and ensure that no one is left
behind in promoting and fostering non-discrimination and equality while upholding the
universality of human rights. As evidenced by the 2015 United Nations Millennium
Development Goals Report, the lack of disaggregated data often led to the implementation
of inefficient decision-making and planning and failed to capture inequalities in society. At
a time when the international community is initiating discussion on how to measure
progressive achievement in relation to the new agenda, a strong commitment to adopting
indicators that would enable the capture of all levels of discrimination is needed.
44.
The collection of data disaggregated by ethnicity on economic, social, cultural, civil
and political indicators is a prerequisite if we are to identify the patterns of discrimination
and map existing gaps to increase the visibility of groups that are discriminated against and,
in some cases, enable their recognition which is sometimes otherwise denied. Data is also
crucial to evaluating the impact of existing measures and developing adequately informed
policies to redress the situation of vulnerable groups. The development of measures based
on empirical evidence rather than assumptions is needed to optimize the likelihood of
effectively impacting the welfare of marginalized groups. Disaggregated data could also
serve to improve access to justice for victims of discriminatory practices, which are often
difficult to prove on a single-case basis. Data also allows for the detection of practices of
racial discrimination in the administration of justice by increasing transparency.
45.
The Special Rapporteur noted that while there is no clearly stated international
obligation to collect data on ethnicity, the human rights legal framework provides a strong
mandate to gather such data as a prerequisite to effectively combating discrimination and
achieving universal realization of human rights within society. The State has a duty to
ensure equality and this should be interpreted as including the duty to collect and analyse
data disaggregated by ethnicity in order to identify inequalities resulting from
discrimination and remedy imbalances. Data on ethnicity could be considered as a
component of the right to non-discrimination. The right to be free from discrimination
includes the right to access information which could serve as evidence to prove
discrimination and an argument could be made that data disaggregated by ethnicity is part
of such information. Access to adequate and accurate information could additionally have
an empowering effect on traditionally marginalized groups and foster their participation in
decision-making processes and thus positively impact the realization of other rights.
46.
The Special Rapporteur notes that the area of data and statistics still requires more
work and focus by the mandate. Without data and statistics it would not be possible to make
an accurate determination of progress or lack thereof in any country. The tools for
collecting such data and statistics as well as the use to which such data could be put are all
part of the substantial work that remains to be done.
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