A/79/316
G.
Lack of active participation of intended beneficiaries
70. The Special Rapporteur notes with concern that there is often a lack of
consultation with and active participation of intended beneficiaries in the
development and implementation of special measures. Without meaningful, inclusive
and safe consultation and participation, special measures are unlikely to be effective
and achieve their intended goals and, at worst, can severely impinge on the rights of
intended beneficiaries.
71. Consultation with intended beneficiaries allows policymakers to understand the
specific needs, contexts and challenges faced by different communities, leading to
more effective and pertinent policies. The direct participation of intended
beneficiaries can help to ensure that policies are inclusive, equitable and culturally
sensitive and to avoid unintended consequences and appropriation of the lives of
racially or ethnically marginalized groups. Furthermore, when communities are
actively involved in the development of special measures, the empowerment and
motivation of communities may increase, thereby ensuring the effective
implementation of such policies.
72. The Committee on the Elimination of Racial Discrimination has repeatedly
called upon States to ensure that special measures are based on consultations with
affected communities in accordance with general recommendation No. 32. 93 The
Special Rapporteur echoes these calls and urges States to pay particular attention to
women, youth and other groups that face specific, unique and compounded
challenges.
H.
Premature withdrawal of special measures
73. Special measures should be reviewed regularly to ensure their effectiveness and
continued necessity. Special measures should only be ceased once substantive
equality and representation have been achieved; however, this may take a
significantly long time, given the extent of historical injustices and continuing
discrimination. It is impractical to achieve the equitable representation and overall
empowerment of racial or ethnically marginalized groups within a set time frame due
to the history of systemic discrimination and oppression and their persistence.
Therefore, it is essential to implement robust review mechanisms to assess
effectiveness and limitations in the implementation of special measures.
74. The Special Rapporteur is concerned that, in reaction to pushback against
special measures and global pushback against measures to address racism and racial
discrimination in general, some States and other actors have withdrawn or will
consider withdrawing special measures prematurely. The Special Rapporteur is
deeply concerned by the abrupt or premature withdrawal of special measures,
prompted by political interests and right-wing propaganda. The abrupt withdrawal of
special measures will undermine the progress made and reinforce existing systemic
racism and discrimination. The Special Rapporteur echoes the recommendation of the
Committee on the Elimination of Racial Discrimination that States parties should
carefully determine whether negative human rights consequences would arise for
beneficiary communities following an abrupt withdrawal of special measures,
especially if such measures have been established for a lengthy period. 94
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93
94
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For example, CERD/C/NAM/CO/16-18, para. 21; CERD/C/URY/CO/24-26, para. 26;
CERD/C/NIC/CO/15-21, para. 41; CERD/C/PRT/CO/18-19, para. 30; CERD/C/ARG/CO/24-26,
para. 21; CERD/C/BRA/CO/18-20, para. 29; and CERD/C/USA/CO/10-12, para. 9.
CERD/C/GC/32, para. 35.
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