Question

In what five ways can people of African descent end racial discrimination that is perpetrated against them?

Answer 1

Non-discrimination and equality before the law and of the law constitute fundamental principles of international human rights law. The notion of equality is inseparable from that of human dignity essential to each and every person. Respect for human rights and the principles of equality and non-discrimination are interdependent and underpin the Universal Declaration of Human Rights and the main international human rights treaties.

For centuries, people of African descent living in the African Diaspora, were marginalized as part of the legacy of slavery and colonialism. There is a growing consensus that racism and racial discrimination have caused people of African descent to be relegated in many aspects of public life, they have suffered exclusion and poverty and are often “invisible” in official statistics. There has been progress but the situation persists, to varying degrees, in many parts of the world.

The factors that lead to poverty among people of African descent are mainly structural. Discrimination is apparent in the unequal access these groups have to basic services. People of African descent are often disadvantaged, for example, in access to education, health-care, markets, loans and technology.

• The full exercise of human rights by people of African descent depends significantly on their access to education which is fundamental to human development. A combination of greater access to education, completion of each phase of education and higher-quality teaching is not only necessary to guarantee basic social rights, but also has a positive effect on economic growth and equity, by building up human capital, improving the health of the population and strengthening society in general.
• Social investment in childhood and youth as a strategy to combat poverty, has been proposed as an approach that could help prevent the continued exclusion of a new generation of people of African descent from the benefits of economic, social and human development.
• The discrimination faced by people of African descent is now receiving greater attention and as a result, Afro-descendant groups have increasingly made their voices heard in the policy process.
• The impact of the 2001 World Conference against Racism on people of African descent, particularly in the Latin American and Caribbean region, was substantial. The World Conference created a momentum that helped people of African descent articulate their concerns and rally support. Furthermore, it generated a movement advocating for the promotion and protection of their human rights that has helped strengthen grassroots campaigns around the world.
• On an inter-governmental level, the former United Nations Commission on Human Rights created the Working Group of Experts on People of African Descent and the Special Rapporteur on contemporary forms of racism, the Independent Expert on minority issues and the Committee on the Elimination of racial discrimination, which have consistently taken up Afro-descendant issues.

Here are some further reasons why racial prejudice and racism should be reduced:

• They impede or prevent the object of racism from achieving his or her full potential as a human being.
• They impede or prevent the object of racism from making his or her fullest contribution to society.
• They impede or prevent the person or group engaging in racist actions from benefiting from the potential contributions of their victim, and, as a result, weaken the community as a whole.
• They increase the present or eventual likelihood of retaliation by the object of racist actions.
• They go against many of the democratic ideals upon which the United States and other democracies were founded.
• Racism is illegal, in many cases.

Discrimination can be either direct or indirect. The national action plan against racial discrimination should aim to ultimately eradicate racial discrimination in all its forms and manifestations, taking into consideration the following:

• Any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin, whether by public or private sector actors, which has the purpose of impairing the recognition, enjoyment or exercise of human rights (direct discrimination).
• Practices or policies which appear neutral, but have a disproportionate impact on a racial or ethnic group and are not a proportionate means of achieving a legitimate aim (indirect discrimination).
• Inequality before the law on grounds of race, colour, descent, or national or ethnic origin (de jure discrimination).
• Practices, conditions, circumstances and attitudes which can cause or perpetuate discrimination (de facto discrimination).
• Equal treatment can lead to differential results for groups that have historically experienced disadvantage related to their racial or ethnic origin. Differentiation of treatment will not constitute discrimination if the criteria for such differentiation, judged against the objectives and purposes of the International Convention on the Elimination of All Forms of Racial Discrimination, are legitimate.
• When circumstances warrant, laws, policies and practices adopted and implemented by States should be supplemented with temporary special measures designed to secure to disadvantaged groups the full and equal enjoyment of human rights. Special measures are one component in the range of provisions States need to adopt with the objective of eliminating racial discrimination.
• Discrimination can be a result of the institutions, structures and systems of society, rather than of the actions of particular perpetrators. Both State and private actors need to take steps to modify or accommodate structures to reduce inequalities on grounds of national, racial or ethnic origin.
• Some groups are victims of persistent hostility and segregation. The national action plan should aim at raising awareness about systemic discrimination and at the adoption of strict measures against incitement to discrimination