A/HRC/45/44 race and ethnicity. In the United States, where disaggregated data are commonly gathered, many institutions fail to keep, maintain or release data disaggregated by race on COVID-19 until coerced by public demand. In Brazil, there is no requirement to register COVID-19 deaths by race, which complicates any understanding of a key metric. B. Abuse of authority and racial bias 35. Discretion in decision-making, even by people with minimal power, is a significant driver of systemic racism. When unchecked, bias can play a significant role, particularly in decisions made under stress. Inadequate action has been taken to mitigate racial bias in decision-making relating to the COVID-19 pandemic, as is evident in COVID-19 outcomes. 1. Racial bias and disparities in COVID-19 infections, treatment and mortality 36. Throughout the COVID-19 pandemic, disaggregated data (when available) highlight stark racial disparities that have had a disproportionate impact on people of African descent. In its statement of 6 April 2020 on COVID-19, racial equity and racial equality, the Working Group called for immediate attention to the disproportionate risks run by people of African descent. Racial disparities are particularly severe when people of African descent and others lack meaningful access to health care, designation as essential workers and the ability to quarantine, and the experience of bias when seeking care and treatment may have exacerbated these risks. Many States have failed to mitigate foreseeable risks. 37. In the United States, stark racial disparities have been witnessed in COVID-19 infection and mortality. People of African descent of all ages have been more exposed to infection. Compared to white Americans, they experienced triple the rate of infection, nearly five times the rate of hospitalization and twice the rate of death.29 Such disparities have also been seen in the United Kingdom, where the Office for National Statistics has found that women of African descent and men of African descent were respectively 4.3 and 4.2 times more likely to die of COVID-19 than white people, the largest disparity of any ethnic group. 38. In some States, treatment has been rationed owing to shortages of ventilators and dialysis machines. In the United Kingdom, representatives of civil society reported claims that “do not resuscitate” orders were being inappropriately used in the case of people of African descent. In the United States, in public hospitals largely serving patients of African descent, “treatment rationing” of dialysis had included the abbreviation of sessions and the rotation of patients, leading to at least one death.30 2. Racial bias and disparity in enforcement of COVID-19-related social restrictions 39. Many States have enacted COVID-19-related social restrictions to mitigate the community spread of infection. Mandated restrictions have, however, been sometimes used as a pretext for disproportionate enforcement and violence against people of African descent. Police involvement was more likely to end in arrest31 and law enforcement impunity; the use of violence against people of African descent was also evident in social restriction enforcement. In the United States, police officers distributed masks in parks populated by white people,32 but used force and violence against people of African descent in the name of enforcing curfew or mask requirements.33 Similarly, in the United Kingdom, Black and minority ethnic persons were 54 per cent more likely to be fined for violating lockdown 29 30 31 32 33 State of Black America Unmasked, National Urban League, 2020, pp. 12-13. Fred Mogul, “Shortage of dialysis equipment leads to difficult decisions in New York ICUs”, WNYC, 20 April 2020. “Racial disparities in NYPD’s COVID-19 policing”, New York City Legal Aid Society, May 2020. See for example Joseph Goldstein and Corey Kilgannon, “Balmy weekend presents a challenge: New Yorkers rushing to parks”, New York Times, 2 May 2020. See for example Josiah Bates, “Police data reveals stark racial discrepancies in social distancing enforcement across New York City”, Time, 8 May 2020); Ashley Southall, “Scrutiny of socialdistance policing as 35 of 40 arrested are black”, New York Times, 7 May 2020. 9