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87. States should define specifically when detention can take place, as in the
European Convention on Human Rights, to ensure that arbitrary arrests do not
disproportionately affect those of African descent.
88. States should discontinue the use of private prison, police and profit models
that incentivize arrests, quotas and abuses of authority that have a
disproportionate impact on people of African descent and frequently violate
human rights.
89. States must invest proportionately in health care, housing, mental health
services and other public goods, services and accommodations and end the use of
criminal legal systems as sites of wrap-around service delivery and problem-solving.
90. States must explicitly acknowledge and state the intent to combat mass
incarceration as a mechanism of confronting systemic racism, as well as confront
the impact to people of African descent in reparative and restitutive decisionmaking and policy discussions.
91. States should remove legal barriers to recording or disseminating video of
law enforcement conduct publicly.
92. States must collect, compile, analyse, disseminate and publish reliable
statistical data disaggregated by race and ethnicity, in compliance with the
human rights-based approach to data collection. States should take and support
other measures, such as race disparity audits, observatories and studies, to better
understand racial disparities and inform policymaking relating to equality and
opportunity for people of African descent.
93. States must promote the production and dissemination of knowledge on the
historical contributions of people of African descent and on the periods of
enslavement and colonialism, by providing financial support and facilitating
access to records archives and primary data, as well as through efforts to review
and amend textbooks and curricula.
94. Civil society efforts and initiatives to denounce and eradicate systemic
racism locally and globally must be supported, notably through funding and
public recognition. States must guarantee protection to those standing up against
racism, including human rights defenders, from being subjected to intimidation,
surveillance, reprisal, harassment and attacks.
95. States should reinforce their engagement in the aims and priorities of the
Decade. The midterm review of the Decade is an opportunity for Member States
to demonstrate commitments to addressing racial injustice.
96. The Working Group reiterates its call to all States to fully and effectively
implement the Durban Declaration and Programme of Action and to establish
and implement without delay comprehensive national action plans to tackle
racism through the reinforcement of national institutions, legislation, the
administration of justice and the creation of competent national bodies to
adequately investigate allegations of racism, racial discrimination, xenophobia
or related intolerance.
97. The pervasiveness of racism, structural discrimination, Afrophobia and
related intolerance poses a serious challenge to the attainment of the Sustainable
Development Goals. The Working Group reminds Member States that the
eradication of structural discrimination is a key driver for attaining the Goals,
requiring the dismantling of the structural and systemic barriers to sustainable
development that exist for people of African descent in developing and developed
countries. The Working Group recommends that its operational guidelines on
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