The OAS is currently working on a draft InterAmerican Convention against Racism and all forms of Discrimination and Intolerance. The current draft includes important definitions of direct and indirect discrimination. There are mentions of collective rights for indigenous peoples and Afro-descendent communities. The draft includes a list of acts or treatment that constitute discrimination and which must be prohibited by the State. Minorities are recognized in the draft convention, including in the Preamble, that acknowledges “the victims of racism, discrimination and intolerance in the Americas are, inter alia, Afro-descendents, indigenous peoples, migrants, refugees and displaced persons and their families, as well as other racial, ethnic, sexual, cultural, religious and linguistic groups or minorities that are affected by such manifestations”. The Convention, once the text is finalized and adopted, will be another important tool for the protection of minorities in the Americas. The Inter-American Commission has created a Special Rapporteur on the Rights of Persons of African Descent and Racial Discrimination. The Special Rapporteur has a mandate to support the Commission to assist OAS member States to fulfil their duty to respect the rights of Afro-descendants, to analyse current challenges on Afro-descendant issues, to gather and disseminate best practice, to formulate recommendations, and to provide technical advice as needed. The position has been held since its creation in 2005 by Dr. Clare Roberts, President of the Inter-American Commission. The Special Rapporteur has conducted one informal country visit to Brazil in 2005 and an official country visit to Colombia in 2007. The Inter-American Court of Human Rights has made a number of important decisions that impact on the rights of minorities in the Americas. Most of the relevant cases have been taken by people of African descent focusing on the areas of non-discrimination, land rights and culture. The case of Yean and Bosico v. Dominican Republic concerned two ethnic Haitian children who were born in the Domincan Republic but were denied Dominican citizenship despite the fact that Dominican law provides for anyone born on the territory to receive citizenship (jus solis).80 Since they were unable to register their births, they could not enroll in school and their undocumented status left them vulnerable to deportation to a country with which they had little connection. They argued that officials refused to register the births because of their perceived ethnic origin and that the requirements for late registration of births indirectly discriminated against ethnic Haitians. The Court found that the Dominican Republic had applied its nationality and birth registration laws in a discriminatory mannor which left ethnic Haitian children stateless and unable to access vital services, such as education, in breach of the Convention. The Commission examined the case of Simone André Diniz v. the Republic of Brazil. The case concerned racial discrimination against the applicant in applying for a job and the failure of the justice system to adequately investigate her complaint. The Commission found that the State of Brazil had violated the applicant’s right to equality before the law, the right to judicial protection and the right to a fair trial. The case exposed long-standing systematic failures in Brazil to implement its own stringent domestic laws against racial discrimination. In its recommendations, the Commission has urged the government, inter alia, to “make the legislative and administrative changes needed so that the anti-racism law is effective” and to “promote awareness campaigns against racial discrimination and racism”.81 Inter-American Court of Human Rights, Yean and Bosico v. Dominican Republic, Judgement of September 8, 2005. 80 Inter-American Commission on Human Rights, Report N° 66/06, Case 12.001 Merits, Simone André Diniz v. Brazil (21 October 2006): paragraph 146. 81 Chapter 12: Regional Issues, Standards and Mechanisms 167