A/HRC/39/69 Working Group asked for input on the key human rights and specific guarantees that the draft declaration must include. It received 5 submissions from Member States and 20 from civil society. Ms. Petrus-Barry presented a compilation of all the submissions, including inputs from the Working Group. Before starting her presentation, she encouraged Member States and civil society to make further submissions and comments before 1 October 2018. 41. Ms. Petrus-Barry presented suggestions for a preamble of the draft declaration, referring to the language used in the Durban Declaration and Programme of Action. That included calling upon States to recognize the existence of their populations of people of African descent and the cultural, economic, political and scientific contributions made by those populations. Other inputs would focus on the relationship between the legacy of the transatlantic trade in enslaved Africans and colonialism and the persistence of racism, racial discrimination, Afrophobia, xenophobia and related forms of intolerance against people of African descent today, adding multiple and intersecting forms of discrimination, such as age, gender, sexual orientation, religion and economic situation. 42. Submitting entities also called for the draft declaration to encourage Member States that have not yet ratified the International Convention on the Elimination of All Forms of Racial Discrimination and other international agreements related to combating racism and discrimination to do so. Also emphasized in the submissions was the suggestion that the draft declaration should include a mandate for States to make a genuine commitment to collecting disaggregated data according to the motto of the Sustainable Development Goals — “leave no one behind”. The availability of, and access to, data and statistics disaggregated by income, gender, age, race, ethnicity, migratory status, disability, geographic location and others are important for monitoring the implementation of the Sustainable Development Goals. The draft declaration should also assert a right to reparations and reparatory justice for the descendants of enslaved Africans, within the legal framework of the Durban Declaration and Programme of Action and of the International Convention on the Elimination of All Forms of Racial Discrimination (art. 6). The view that fundamental rights, such as the right to life, liberty, and security of the person, should be included in the draft declaration was also included in submissions. Furthermore, equality before the law should be guaranteed for people of African descent in the draft declaration, including the right to presumption of innocence, the right to an independent and impartial tribunal, including equal treatment before that tribunal, the right to the assistance of counsel, the right to a fair trial and the right to ensure full and effective access to the justice system. 43. The draft declaration should focus on the right of people of African descent to security of person and protection by the State against violence or bodily harm. Violence or bodily harm includes ethnic or racial profiling, disappearances, extrajudicial executions, torture and unequal treatment on the economic, social and political levels, whether inflicted by government officials or by any individual group or institution, including law enforcement and the judiciary. The Working Group has also recommended the setting up of national observatories on racial profiling to identify and document violations of rights for people of African descent and for them to report instances and receive reparations for those violations. It was suggested that this section of the draft declaration should also include a reference to the responsibility of States regarding the training, control and accountability of law enforcement personnel, with the goal of ending the systematic and institutionalized targeting and killing of people of African descent, particularly youth. It was also suggested that articles advocating for abolition of the death penalty in States where it still exists should also be included. 44. The draft declaration should include robust legal protections against discrimination and violent crimes, especially those motivated by hate based on race. All States should be required to counter offline and online hate speech and incitement to hatred from extremist political parties, movements and groups, including neo-Nazis, skinhead groups and similar extremist ideological groups. In addition, a comprehensive approach based on a solid legal framework, complemented by other key measures, including education and awarenessraising programmes and the training of law enforcement officials and members of the judiciary on Afrocentric issues and victim-centred approaches, should be further developed. States should also ensure that the abuse, exploitation, trafficking and torture of, and all forms of violence against, children of African descent are adequately prevented or 12

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