A/HRC/59/62 and ongoing oppression.43 It is therefore vital that such analyses inform all measures to address systemic racism and intersectional discrimination. The Special Rapporteur is concerned about information regarding the superficial and inconsistent use of the term “intersectionality” without accompanying analysis of race, class, caste and privilege and the oppressive systems that are at the root of the different layers of inequalities commonly experienced by those from marginalized racial and ethnic groups. 44 This reflects a concerning erasure of the foundational elements of an intersectional approach, which risks diluting the transformative potential of the concept and framework to disrupt and dismantle systemic racism and intersectional discrimination. 31. It is more likely that intersectionality will be applied in a tokenistic and depoliticized manner in legislative, policy and decision-making spaces that have historically been racially exclusionary. Being aware of such risks and proactively applying systemic, racial and historical analysis to contemporary patterns of racism and intersectional discrimination and their root causes are therefore vital. Such systemic, racial and historical analysis should inform the planning, implementation, monitoring and evaluation of all measures taken as part of an intersectional approach. The lived experiences of those with experience of systemic racism and intersectional discrimination and racially and ethnically disaggregated data can both be important tools to inform such analysis. Centring lived experiences through full and effective representation and participation 32. The diverse and fluid lived experiences of those who have faced systemic racism and intersectional discrimination are an important element of an intersectional approach. Lived experiences provide authenticity and insight into the dynamics and manifestations of multiple and intersecting forms of discrimination and can inform vital systemic, racial and historical analysis. They can also offer a sound basis, alongside disaggregated data, as discussed below, for the development, implementation and evaluation of measures to address multiple and intersecting forms of discrimination. Listening to those with experiences of systemic racism and intersectional discrimination also helps avoid assumptions and stereotyping, which can often present marginalized racial and ethnic groups as monolithic. Focusing on lived experiences within an intersectional framework helps preserve authenticity and prevents the appropriation of marginalized experiences. It moreover recognizes the autonomy and agency of those with experiences of systemic racism and intersectional discrimination. The full and effective representation and participation of marginalized racial and ethnic groups and caste-oppressed communities within all policy, legal and other decision-making spaces are vital in this respect. The right to participation is enshrined within international human rights law, including article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination and articles 19, 21 and 25 of the International Covenant on Civil and Political Rights. 33. Despite these provisions in international human rights law and the importance of representation and participation to an intersectional approach, those with lived experiences of facing multiple and intersecting forms of discrimination often face barriers to realizing their rights in this regard. While the Special Rapporteur welcomes the information she received from States such as Azerbaijan, El Salvador, Germany and Spain about efforts to include the right to participation of those from marginalized racial and ethnic groups in national policy measures, she also received concerning information about barriers to representation and participation in a range of contexts. These include Dalit communities experiencing low representation in policymaking in India; people of African descent not being able to adequately realize their right to representation and participation in the United States; the exclusion of women from minority groups in decision-making in Middle Eastern countries; and racialized groups, particularly those from the global South, facing barriers to participation in the work of the United Nations human rights mechanisms. 45 Barriers to participation and representation persist despite the courageous and sustained efforts of anti43 44 45 GE.25-07755 See A/HRC/57/67. Submissions from Sexual Rights Initiative and RacismoMX. Submissions from African Sovereignty and Reparations Representatives, International Dalit Solidarity Network, Zagros Centre for Human Rights and Sexual Rights Initiative. 11

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