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public policies aiming at redressing racial or ethnic imbalances. For that reason, he
encourages a shift away from the debate on whether or not to collect ethnically
disaggregated data, to a discussion on how to best collect these data. In this respect,
the Special Rapporteur proposes some key principles for the collection of ethnically
disaggregated data that can help to overcome the concerns of many States: the right
to privacy; the principle of self-identification; and the involvement of minority
communities at every stage of the exercise.
41. The Special Rapporteur would like to recall that the central obligation of
States not to discriminate is unambiguously contained in international human rights
law. Such obligation is particularly important with regard to the full enjoyment of
economic, social and cultural rights, which have a profound impact on the
socio-economic situation of minority communities.
42. Whereas non-discrimination is essential to create a level playing field for
different communities, the Special Rapporteur believes that non-discrimination on
its own does not provide for the correction of imbalances which are the result of
historical legacies, such as slavery and segregation. In this regard, there continues to
be a need for the enactment of special measures, as provided for in article 1.4 of the
International Convention on the Elimination of All Forms of Racial Discrimination,
towards groups that suffered from decades or centuries of discrimination, thus
helping to transform the goal of integration and equal opportunities into a concrete
reality for all.
43. In relation to the impact of the economic situation on racism, the Special
Rapporteur also briefly addressed the possible negative consequences of the
financial crisis on efforts to fight racism and xenophobia during the Wilton Park
Conference on “Contemporary and future human rights challenges”, held from 22 to
24 January 2009 in West Sussex, United Kingdom.
44. On that occasion, the Special Rapporteur warned that the economic slowdown
forecast for the next years could contribute to the emergence of ethnic and racial
tensions in areas where migrants live. He stated that such tensions often arose when
there were problems in the economy as a whole, and in particular in the labour and
housing markets. With soaring unemployment and decreasing salaries, some groups
might try to manipulate public opinion to generate strong anti-immigration
backlashes and to blame migrants for current economic problems. These xenophobic
expressions were at times intertwined with racial prejudices and stereotypes, as
migrants could often be differentiated based on their race or ethnicity.
45. The Special Rapporteur recalled that a set of measures was required to prevent
the rise of such xenophobic feelings and their translation into policy. States had to
be vigilant regarding their human rights obligations, in particular vis-à-vis migrants.
In that regard, appropriate institutions and legislation were required to punish those
who discriminated, incited or perpetrated acts of violence against foreigners or
members of minorities. More broadly, political leaders had to be sensitive to the
impact of racism, racial discrimination, xenophobia and related intolerance,
reaching out to minorities and demonstrating constant vigilance regarding their
human rights situation.
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