A/HRC/44/57/Add.2 97. In respect of the legal framework and the scope of efforts to achieve racial equality, the Government must: (a) Adopt a definition of racial discrimination that encompasses its human rights law obligations under the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and other treaties; (b) Harmonize its commitments to racial equality throughout its four constituent countries and three special municipalities. As part of this effort, the Government should work to create responsive human rights institutions at the local level. In addition, it should mainstream its obligations on racial equality throughout each constituent country’s action programmes; (c) Continue moving from a de jure, non-discrimination and equal treatment approach to an approach that will ensure substantive, de facto equality. In addition to paying increased attention to racial inequality, the Government must take the necessary special measures in the political, economic, social and cultural spheres to ensure the equality of racial and ethnic minorities. Furthermore, the Government should take steps to ensure the full implementation of the Durban Declaration and Programme of Action and to honour the commitments made in the framework of the International Decade for People of African Descent; (d) Pursue racial equality and non-discrimination in a way that recognizes the intersectional character of inequality and discrimination. It should pay attention to forms of multiple discrimination. An intersectional lens should also help reveal racial discrimination overlapping with, inter alia, lesbian, gay, bisexual, transgender and intersex identity, citizenship status, migration status and religion; (e) Adopt participative approaches to policymaking. In other words, it must ensure the participation of affected and vulnerable groups and adopt policymaking approaches that centre on the needs and voices of these groups. Moreover, the Government must consult vulnerable communities on the issues they confront. The Special Rapporteur recommends similarly engaging with other communities facing threats, including Muslims and human rights defenders such as anti-Black Piet activists; (f) Foster tolerance among and ensure appropriate training for government staff. More systematic anti-discrimination and intercultural sensitivity training is also necessary across all sectors of national authorities to ensure that frontline staff and even civil service leaders are required to understand and confront ethnic, racial and religious prejudice, as well as implicit biases that affect their treatment of racial, ethnic and religious minorities. The Special Rapporteur was reassured to learn of the work that the Government is doing to increase awareness of lesbian, gay, bisexual, transgender and intersex issues and to promote equality for women. Unfortunately, a similar emphasis on ethnic and religious intercultural sensitivity has seemingly not been nurtured across all sectors. Despite many officials insisting that equality, nondiscrimination and tolerance are engrained and widespread within public institutions, the experiences of racial and ethnic minorities who reported experiencing racial, ethnic and religious stereotypes in interactions with government authorities clearly prove otherwise. 98. In respect of equality, racial discrimination, racism and intolerance, the Government must: (a) Combat forms of racial profiling and eradicate racial discrimination in policing. It must collect data on stop-and-search practices and develop strategies to address the disproportionate and excessive use of stop-and-search powers and excessive force. Furthermore, the Government must deal decisively with structures and individuals that promote or tolerate racism and discrimination within the police forces; 20

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