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groups and new forms of oppression have emerged since the DDPA was adopted that also
need to be included in the Programme of Action.
91.
A representative from the European Union (EU) made a statement on behalf of her
regional group and reiterated the EU’s standing position regarding some of the issues raised
by the Working Group. She stressed that the EU was not in a position to make detailed
comments and thus did not endorse the Programme of Action for which the Working Group
of experts retains full ownership.
92.
The EU representative noted that, as stated on previous occasions, the EU did not
recognize the concept of race. As a result, it is not possible and it is often illegal in many
States of the European Union to collect disaggregated data, based on race. This has not
prevented the EU, however, from adopting a comprehensive framework to combat racism,
racial discrimination, xenophobia and related intolerance. She noted that EU legislation
allows Member States to adopt specific measures to prevent or compensate for
disadvantages linked to racial or ethnic origin but that targeting one specific group can be
problematic. Indeed, judgments by the European Court of Justice have highlighted the
difficulty that exists in combining the promotion of equal treatment with affirmative action
in favour of one group of individuals. The representative emphasized that human rights
were rights to be enjoyed by each individual; therefore the EU does not recognize the
Working Group’s general notion of "collective rights". The EU also rejects cultural
relativism in the enjoyment of human rights because this undermines the universal nature of
human rights.
93.
She noted that the issue of reparations for the transatlantic slave trade was a divisive
issue that jeopardized the 2001 Conference and that recognising that slavery is a crime
against humanity does not imply that the issue of reparations for people of African descent
is a human rights issue.
94.
Ms. Sahli re-emphasized the need to adopt special measures to remedy structural
discrimination and historic discrimination faced by people of African descent. She pointed
out that merely addressing formal discrimination would not ensure substantive equality as
envisaged by international law. In order to eliminate substantive discrimination, States
parties might be, and in some cases are, under an obligation to adopt special measures to
attenuate or suppress conditions that perpetuate discrimination. Such measures were
legitimate to the extent that they represented reasonable, objective and proportional means
to redress de facto discrimination and were discontinued when substantive equality had
been sustainably achieved.
95.
The representative of Senegal made a final statement on behalf of the African Group
in which he expressed the Group’s appreciation for the progress made by the Working
Group and for the draft presented. He stressed the importance of considering the Decade
in the context of three decades in the fight against racism, racial discrimination, xenophobia
and related intolerance, which culminated in the adoption of the DDPA, and related events.
96.
He pointed out that the background and measures included in the Draft Programme
of Action presented by the Working Group were in keeping with the theme of recognition,
justice and development and that the importance and centrality of the DDPA and of
CERD’s recommendations was evident.
97.
The African Group noted the next stages of the process for adoption of the draft
Programme of Action at the Human Rights Council and the General Assembly and
appealed to the political will and positive spirit of other Member States to participate in this
process and to keep it mind that the final aim is to ensure its effective implementation for
the full enjoyment of all human rights by people of African descent. The African Group
emphasized the importance of using the framework of the Durban Declaration and
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