Report on Racial Discrimination

CD4PEACE – REPORT OF THE 48st MEETING OF THE 49th REGULAR SESSION OF THE HUMAN RIGHTS COUNCIL (March 2022)

March 28th, 2022: Panel Discussion on Racial Discrimination

All sources used to draft the report can be found here. The report was drafted by Xiaochuan Yu on March 11th, 2022.

Composition of the HRC

President of the Human Rights Council, Federico Villegas, opens the agenda for the debate on the commemoration of the international day for the elimination of racial discrimination. This year's debate is devoted to the topic "voices for action against racism". The president welcomes a list of guests:

Ms. Michelle Bachelet, from High Commissioner for Human Rights, for an opening statement.

Mr. Amock Alikuleti, Human Rights Activist and poet, will read his poem "justice is not blind".

With fellow distinguished panellists: Ms. Manjusha P. Kulkarni, Executive director of Aapi Equity Alliance and co-founder of Stop AAPI Hate. Ms. Mary Kluk, director and board chairperson of the Durban Holocaust & Genocide Centre, National Vice-president of the South Africa Jewish Board of Deputies and President of the Africa Australia Region of the World Jewish Congress. Ms. Lúcia Xavier, founder and general coordinator of Criola. Mr. Joshua Castellino, executive director of Minority Rights Group International and professor of law at Middlesex University, London

United Nations High Commissioner for Human Rights, Michelle Bachelet: The High Commissioner for Human Rights celebrates International Day for the Elimination of Racial Discrimination, and millions of voices protest racism and xenophobia. Many people face prosecution because of their racial background or religious beliefs. Public protest of the killing of George Floyd in 2020 is a public testimony of solidarity. The High Commissioner for Human Rights welcomes efforts worldwide to address racism. People of colour, indigenous people, ethnic and linguistic minorities continue to confront racism, inequality, and exclusion. Racism affects all areas of our lives. The High Commissioner for Human Rights is deeply concerned about discrimination against migrants and refugees. All stakeholders, including the private sectors, should take up responsibilities to address and stop racism. The High Commissioner for Human Rights emphasizes unity and immediate action to fight racial discrimination. Notably, the role of the state in stopping racial discrimination and advancing toward sustainable human development. Every voice should be heard. The High Commissioner for Human Rights recalls the origin of the International Day for the Elimination of Racial Discrimination, a day to commemorate victims of the Sharpeville massacre. Collective action is a powerful action, we shall remember "never again".

Mr. Amock Alikuleti, Human Rights Activist and poet

Reads his poem "justice is not blind".

Ms. Manjusha P. Kulkarni, Executive Director of Aapi Equity Alliance and Co-founder of Stop AAPI Hate

Notes that racial discrimination is not new to Asian American and Pacific Islanders (AAPI) in the United States. Before the Chinese Exclusion Act, the AAPI communities suffered not only personal attacks but also state surveillance and prosecutions. Moreover, the model minority myth has effectively reduced assistance and opportunities to AAPI communities. Ms. Kulkarni recalls anti-Asian hate incidents during the COVID-19 pandemic. An analysis of incidents confirms the intersectionality theory that AAPI women experience reinforcement of sexism on top of racism. Stop AAPI Hate has shared data and findings with policymakers and provided resources and assistance to communities affected.

Ms. Mary Kluk, director and board chairperson of the Durban Holocaust & Genocide Centre, National Vice-president of the South Africa Jewish Board of Deputies, and President of the Africa Australia Region of the World Jewish Congress Recalls the history of exclusion in South Africa and various actors' efforts to address racism. Since 2008, migrants have become central targets of hate crime. Anti-migrant sentiments and fragmented legislation and law enforcement have contributed to migrants' vulnerability in face of the discrimination and hate. Mentions the work done by DHGC to advance human rights by initiating dialogues and conducting education.

Ms. Lúcia Xavier, founder and general coordinator of Criola

Recalling the death of George Floyd demonstrates the flaw of the system in addressing racism. African descendants in Brazil, particularly women, confront poverty, inequality, and crime. Calls for action in all dimensions tackling racial inequality, violence, and mass imprisonment. Justice and accountability mechanisms need to be set up for those who are silenced and wrongfully accused. Moreover, member states of the United Nations should address racism and intolerance, remove barriers in public and private institutions and strive for equity and rights. National, regional, and global agendas ought to be implemented to address racism and other forms of discrimination.

Mr. Joshua Castellino, executive director of Minority Rights Group International and professor of law at Middlesex University, London

Calls for leadership and vision of member states to eradicate and eliminate all forms of discrimination. Moreover, member states should undertake responsibilities to construct platforms for unity. George Floyd was not the first minority who died because of police brutality. Racial discrimination occurs every day, resulting from structural injustice that routinely invisibilizes, marginalizes, and excludes minorities. Mr. Castellino mentions that some member states' attempts to rewrite history books for political agenda will further contribute to inequality. UN agencies, civil society, and businesses have initiated changes for a more equitable future, member states ought to follow up and engage in immediate action for change.

Brazil

Recalls its series of efforts to combat racism. The Brazilian constitution opposes and criminalises racism. Following the Durban conference, Brazil has created the department of policy and enacted statutes and legislations to promote racial equality. The participation of civil society and academics are ensured in developing public policy.

Haiti (on behalf of a Group of Countries)

Notes the accentuation of racism during the COVID-19 pandemic. Reaffirms its commitment to the Durban declaration and protecting racial equality. Mentions that a group of countries

from the Caribbean and Africa has formed a new platform to contribute to the dismantling of systemic racism.

Canada (on behalf of a Group of Countries)

Mentions the damage of racism to global unity. Racism has been heightened during the COVID-19 pandemic, doubling the work of civil society around the world. Canada recalls its efforts in reconciliation with the indigenous community and constructing multiculturalism. Canada reinstates its commitment to the elimination of all forms of discrimination and encourages others to do the same.

Finland (on behalf of a Group of Countries)

Reinstates its commitment to combating intolerance and discrimination. Policy implementation is needed to counter the disruptive effect of misinformation and eliminate racism, leaving no one behind.

Côte D'Ivoire (on behalf of the Group of African States)

Recalls its strong commitment to eliminating racial discrimination and protecting victims. Calls for inclusive participation of people with African descents and stresses the role of young generations.

Pakistan (on behalf of the Organisation of Islamic Cooperation)

Shares global concern for the growing incidents of systemic racism. Emphasises the need to respond to the violence with the implementation of consensus from the Durban Conference. The OIC expresses support for people of African descent and calls for reforms for equality.

European Union

Expresses its appreciation for panellists. Reaffirms its commitment to fight against racism with the aim of achieving pluralism, non-discrimination, tolerance, justice, solidarity, and equality. Recalls the content of the EU anti-racism action plan 2020-2025, which emphasizes better enforcement of the EU framework, promoting fair policing, and conducting education through media.

Cuba

Continues to implement its national program against racism. Mentions its efforts in battling racism, including civil society and media involvement. Cuba contrasts its achievement in elimination of racism with inadequacy of Western countries who continue to tolerate structural racism.

UNICEF, Ms. Anne Grandjean

Mentions that children continue to be affected by the consequences of racial discrimination, including rising poverty and inability to access healthcare, housing, and quality education. UNICEF welcomes voices of those who have experienced racial injustice to be heard, and their suggestions to be implemented. UNICEF also welcomes increasing participation of racial minority on all levels of decision-making and emphasizes the role of children in policy deliberation.

Armenia

Mentions that Azerbaijan's cut of power supply that heavily affected millions of Armenians is a clear-cut case of racial discrimination. Recalls the International Court of Justice's rule to

halt Azerbaijan's discrimination targeted at persons of Armenian ethnic origins. Stresses that the remaining people must speak up for those who perished in prosecution.

Palestine

[Absent]

Russian Federation

Emphasizes that the anti-Russian narrative in American and European politics violates the decision of the Durban conference.

President

Announces that the delegation of Ukraine seeks to bring clarification.

Ukraine (Point of Order)

States that it cannot ignore Russian Federation's untrue statement against Ukraine. Asserts that the Russian Federation's statement is complicit with its systematic violation of human rights and in its series of aggressions in Eastern Ukraine. Recalls Russia's full-scale military intervention against Ukraine not long ago, which constitutes a massive violation of human rights. The Human Rights Council should not be used as a tool for Russia to conceal its occupation of Crimea.

President

Objects that this is not a clarification but a clarification. The point of order does not apply in this session. Yet, the president gives the floor to Ukraine and takes note of its statement. Recalls that the president has no right to redact the statement of delegations and calls for the Russian delegation to continue his statement.

Russian Federation

[Continue its statement] Recalls unfair and discriminatory treatment for Russian-speaking children in Europe because of the Russian president's action on Ukraine. Employees of Russian nationality are fired in Germany and the Netherlands. The Russian Federation denounces the lawless behaviour. Announces that The Russian Federation and the Republic of Crimea are prepared to teach Western counties how to achieve ethnic and cultural equality.

President

Reminds the delegations that they must use correct terminology in GA resolutions and Security Council to refer to countries and territories.

United States of America

Recalls that at the 46th Human Rights Council, 158 countries jointly pledged to take more active steps. Acknowledges that racial minorities in the United States bear an unfair burden of the pandemic. Calls for collective efforts to share lessons and learn best practices for sustainable progress counter racial discrimination and discrimination of all forms.

Ecuador

Raises concern for discrimination and intolerance around the world. Emphasizes the importance of guaranteeing freedom of expression and peaceful assembly in combating manifestations of racial discrimination. Recalls Educator's commitment to pluralism and racial equality and awareness of challenges. Welcomes global and regional initiatives contributing to the elimination of racial discrimination.

Dominican Republic

Recalls the principles of equality and non-discrimination are established in its constitution. Reiterates its commitment to combating racism and discrimination.

Gabon

Aligns its statement with the African group. Calls for mitigation of risks imposed by the pandemic that has increased discrimination. Gabon condemns all forms of racism in its constitution and pledges full cooperation with the committee on the elimination of racial discrimination, and other international actors.

Azerbaijan

Notes the danger of ideology based on racial superiority imposed by Armenian nationalists. Hate groups operated in Amenian terrorists incite violence against Azerbaijanis. Yet Armenian government has not conducted adequate measures to address hatred against Azerbaijanis. Azerbaijan, therefore, calls for action from the Armenian government.

Germany

Aligns itself with the EU statement. Recalls its commitment to racial equality and notes the incidents of racial discrimination in Germany. Germany commits to a multifaceted national action plan to fight against discrimination and intolerance.

UNFPA

Notes the burden of racial discrimination born by people of African descent and continues to support the meaningful participation of those affected by racial discrimination in relevant forums.

China

Notices the systematic discrimination in the US, UK, Australia, and other European countries. China calls on the Human Rights Council to continue action against racism and discrimination in those states concerned.

South Africa

Aligns itself with the statement of the African groups. The struggle against racial discrimination should not be seen as a zero-sum game. The delegation quotes Nelson Mandela's vow against racism to call for systematic change. South Africa also highlights the use of technology to assist their fulfilling of the mission.

Costa Rica

Calls for the transformation of the system, which requires colonial legacy to be addressed comprehensively. Costa Rica advocates for overcoming disproportional representation of marginalized groups, such as people with African descents, indigenous people, and migrants. Emphasizes state action in amending legislation and encouraging participation for a more inclusive society.

Belgium

States that there is a moral obligation to speak out against racism and show solidarity with victims. Commits to continue to counter-racism work and highlight the role of young people in contributing to anti-discrimination campaigns.

Malawi

Takes notes of the discussion and calls for a more progressive action to effectively address racism.

Venezuela (Bolivarian Republic of)

Shares the call to action on human rights. Recalls the Durban conference and reaffirms its commitment to fight against racism. Agrees that participation of people of African descent should be increased in relevant discussion.