A/HRC/39/69
64.
The draft declaration provides an opportunity to consider the impact of
historical injustices and structural racism on people of African descent and to remedy
their consequences. It is also an opportunity to elaborate rights that are not yet
enshrined in the international legal framework and that are specific to the experience
of people of African descent.
65.
The draft declaration will establish or reaffirm standards related to the
individual and collective rights of people of African descent, including the right to
reparations; recognition as ethnic communities and groups; the right to communal
ownership of their ancestral lands; the preservation of traditional knowledge; and the
right to an equitable share of resources.
66.
The success of the draft declaration relies upon the participation of all Member
States, regional and international organizations, United Nations funds and
programmes, specialized agencies, civil society organizations and all other relevant
stakeholders.
B.
Recommendations
67.
States should engage with communities, especially those with long histories of
mistrust of authorities, including people of African descent, to prevent and counteract
any instances of racial violence, hate speech and incitement to hatred. States should
develop zero-tolerance policies towards white supremacy and other extremist
nationalist and populist ideologies, hate speech and incitement to hatred. Specific legal
measures should be implemented to ensure that perpetrators are prosecuted and
brought to justice. Such measures might include provisions introducing aggravated
criminal responsibility for such acts, but they should also address the area of
prevention. Social campaigns and educational measures are strongly advised. People
of African descent engaged in the exercise of their rights to freedom of expression and
peaceful assembly should not be targeted or criminalized.
68.
States should develop joint and participatory strategies, including with civil
society and local communities, to prevent the emergence of violent extremism, protect
communities from recruitment and the threat of violent extremism, and support
confidence-building measures at the community level by providing appropriate
platforms for dialogue and the early identification of grievances. The Working Group
recommends the development of technological tools, such as applications, for
capturing data on racial discrimination and profiling. States should increase
collaboration with sport federations and fan clubs to combat racism in sports.
69.
States should conduct censuses and collect disaggregated data in a way that will
accurately reflect the human rights situation of people of African descent and the
multiple and intersecting forms of discrimination and violence that they face. States
should utilize that disaggregated data to develop policies on the prevention and
monitoring of white supremacy and other extremist nationalist and populist ideologies,
hate speech and incidents of incitement to hatred.
70.
States should criminalize acts of racial profiling, collect and publish statistics
about police stop and search practices and abuse, and monitor trends regarding racial
profiling and treatment of people of African descent by law enforcement agents. They
should also end impunity for any member of law enforcement who engages in racial
profiling and ensure that victims can gain access to the justice system. States that have
not yet done so should establish independent oversight bodies for police agencies, with
the authority to conduct investigations of all complaints of human rights violations.
States should strengthen human rights training and awareness-raising activities
designed for immigration officials, border police, the staff of detention centres and
prisons, local authorities and civil servants in charge of enforcing laws. National
security forces should receive training on the proper treatment of migrants and
asylum seekers.
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