A/76/302
Social Council and the International Court of Justice all possessed the cap acity to
address State-specific practices of racial discrimination and segregation, as
exemplified by the United Nations response to apartheid in South Africa, they
systematically refrained from exerting their power to condemn the Jim Crow laws and
practices.
19. The Coordinator of the Slave Route Project: Resistance, Liberty, Heritage, of
the United Nations Educational, Scientific and Cultural Organization, Tabue Nguma,
discussed reparations in relation to history. He explained that repairing centuries of
denial of the humanity and history of people of African descent and their contributions
to the progress of humanity should begin with the writing of an objective history freed
from prejudices. He further stressed the importance of understanding and
acknowledging that the consequences of slavery continued to structure the present
through racism. Thus, ending structural racism and offering everyone, whatever their
skin colour, fair treatment in all areas of life was a prerequisite for “healing” the
present and engaging collectively towards a better future. He added that racism, which
always expressed itself through hatred, violence, destruction and injustices, was
affecting everyone, not only Africans and people of African descent. For this reason,
eradicating racism was an imperative for all in their collective endeavour to become
dignified human beings.
20. During the interactive dialogue, the Chair of the Working Group highlighted
that a major flaw of the international law framework was its inability to addr ess the
interests of large minorities within a State, when these interests differed from those
of the majority represented by the State at the international level. A member of the
Working Group, Michal Balcerzak, noted that actions for remedies and reparat ions
should be grounded in international law but that the existing framework on
reparations for States’ internationally wrongful acts was inadequate for reparations
for the transatlantic trade in enslaved Africans and colonialism. In response,
Ms. Doyle stressed the need for a new framework within international law that would
link reparations to the historical root causes of systemic racism and address the human
rights violations suffered by people of African descent in all countries. Mr. Nguma
recalled that the current debate on reparations was a continuation of the demands
articulated by enslaved Africans since the abolition of slavery, noting that the power
relations that characterized the slavery system continued to structure societies even
until the present. He noted that the killing of George Floyd and the subsequent global
protests could trigger structural change and stressed the importance of United Nations
support for this movement.
21. The fourth panel focused on the current situation at the midterm review of the
Decade and the twentieth anniversary of the adoption of the Durban Declaration and
Programme of Action. The Vice-Chair of the Committee on the Elimination of Racial
Discrimination, Verene Shepherd, presented general recommendation No. 36 (20 20)
on preventing and combating racial profiling by law enforcement officials , adopted
on 24 November 2020. She noted that racial profiling by law enforcement officials
was a regular complaint by historically marginalized groups, especially people of
African descent, and recalled that United Nations treaty bodies had repeatedly
recommended that States parties take measures to put an end to the practice. She
further explained that, in addition to being unlawful, racial profiling was ineffective
and counterproductive as a general law enforcement tool and had negative and
cumulative effects on the individuals and communities that were victims of it. She
presented specific recommendations made in relation to legislative and policy
measures, human rights education and training, recruitment measures, community
policing, disaggregated data, accountability and artificial intelligence. In particular,
incidents of racial profiling by law enforcement agencies should be investigated
effectively in accordance with international human rights standards, those responsible
21-11641
7/22