Leaving no one behind: people of African descent and the Sustainable Development Goals

The Working Group of Experts on People of African Descent held its nineteenth session from 28 November to 2 December 2016 and its twentieth session from 3 to 7 April 2017 at the United Nations Office at Geneva. The present report is submitted in accordance with Human Rights Council resolutions 9/14, 18/28 and 27/25, in which the Council requested the Working Group to submit an annual report on all activities relating to its mandate. The report focuses mainly on the deliberations at the twentieth session of the Working Group.

Representatives of Member States, the Holy See, international organizations, regional organizations and non-governmental organizations (NGOs) and invited panellists participated in the twentieth session (see annex).

Mona Rishmawi, Chief of the Rule of Law, Equality and Non-Discrimination Branch of the Office of the United Nations High Commissioner for Human Rights (OHCHR), in her opening statement expressed appreciation for the Working Group’s work. She stated that the Sustainable Development Goals offered clear opportunities to close the gaps for the most marginalized and those facing racial discrimination, and that prioritizing people of African descent in development processes could have tremendous benefits for addressing disparities and racial injustice. She welcomed the timeliness of the discussions to influence new Sustainable Development Goals-based policies and development plans that were being formulated.

Ms. Rishmawi reaffirmed the commitment of the United Nations High Commissioner for Human Rights, as the Coordinator of the International Decade, to advancing the rights of people of African descent.

Sabelo Gumedze was elected Chair-Rapporteur of the Working Group.

Ricardo Sunga, the outgoing Chair-Rapporteur, thanked the other members of the Working Group and the other participants for their support, adding that the Working Group would continue to strive to strengthen the mandate that had been entrusted to it.

Accepting his new role as Chair-Rapporteur, Mr. Gumedze thanked the other experts for his election and the participants for their support.

The representatives of Botswana, Brazil, Colombia and South Africa and of the European Union expressed their appreciation to Mr. Sunga for his work during his tenure as Chair-Rapporteur and congratulated Mr. Gumedze on his election.

The Working Group adopted the agenda (A/HRC/WG.14/20/1) and programme of work.

Mr. Gumedze reminded participants that the Working Group had submitted its annual report to the Human Rights Council at its thirty-third session (A/HRC/33/61 and Add.1 and 2), including reports on its country visits to Italy and the United States of America, and had engaged in a constructive dialogue with Member States. The Working Group also submitted its annual report to the General Assembly at its seventy-first session (A/71/297) and participated in an interactive dialogue with the Third Committee.

At its nineteenth session, the Working Group had held a closed meeting at which members reviewed the Working Group’s methods of work, prepared for its upcoming session, communications and country visits, and held meetings with various stakeholders and representatives of OHCHR. The Working Group had decided to liaise more intensively with financial and developmental institutions.

The Working Group had conducted country visits to Canada (17-21 October 2016) and Germany (20-27 February 2017). At the end of each visit, the Working Group released press statements.¹ Reports of the visits would be submitted to the Human Rights Council at its thirty-sixth session. He thanked the Governments of Canada and Germany for their invitation and for their assistance before, during and after the visits. He also thanked the representatives of NGOs and the people of African descent with whom the Working Group met.

1. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20732&LangID=E and www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21233&LangID=E. ↩

The Working Group had continued to actively promote and participate in activities to interact with civil society and assist stakeholders in the implementation of the programme of activities for the International Decade for People of African Descent. On 18 March 2016, Ahmed Reid delivered the keynote at the General Assembly on the occasion of the International Day for the Elimination of Racial Discrimination under the theme “Challenges and achievements of the Durban Declaration and Programme of Action-15 years after”. Mr. Gumedze and Mr. Reid participated on behalf of the Working Group in a meeting on the International Decade organized by the Government of the Netherlands, held in Amsterdam on 12 December 2016. Mireille Fanon Mendes-France made statements and participated in events, using those opportunities to raise awareness and call for the implementation of the programme of activities of the International Decade.

The Government of Guyana had invited the Working Group to visit the country from 2 to 6 October 2017. The Government of Spain also extended an invitation to visit the country in February 2018. The Working Group expressed its appreciation to all the Governments that had cooperated with the mandate and invited it to undertake country visits. The Working Group had requested invitations to visit other countries, and emphasized the importance of confirming dates and allowing visits to be planned and to proceed on schedule.

During the reporting period, and in accordance with its mandate, the Working Group had sent five communications regarding allegations of human rights violations to Colombia, France, India and the United States. The communications sent and replies received were included in the joint communications reports of special procedure mandate holders submitted to the Council (A/HRC/36/66, A/HRC/35/44 and A/HRC/34/75). The Working Group urged States to seriously address human rights violations faced by people of African descent and to take effective measures to end impunity and structural racism.

The Working Group had issued a number of media statements during the reporting period. On the occasion of the International Day for the Elimination of Racial Discrimination, the Working Group, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and the Committee on the Elimination of Racial Discrimination issued a joint statement urging States to act against racial profiling and incitement to racial hatred. On 8 July 2016, the Working Group condemned the killings in the United States of Philando Castile in Minnesota and Alton Sterling in Louisiana at the hands of the police, and the killing of five police officers in downtown Dallas. On 3 November, the Working Group called on development and financial institutions to increase their efforts to combat racism in implementing the programme of activities for the Decade. On 14 November, the Working Group joined a number of other mandate holders calling upon the United States to immediately halt the execution of Kevin Cooper. On 2 December, the Working Group joined several mandate holders calling upon Governments to move from rhetoric to action and urgently honour their political and financial commitments to development, marking the thirtieth anniversary of the adoption of the Declaration on the Right to Development. On 5 January 2017, the Working Group issued a statement supporting a school district which had removed an “offensive” textbook on slavery from classrooms.

A delegation of the Working Group had met with development and financial institutions in New York from 2 to 4 November 2016, under its mandate to elaborate proposals for the elimination of racial discrimination and to contribute to development programmes for people of African descent.² The delegation advocated for prioritization of programmes and projects specifically tailored for combating racial discrimination against people of African descent in the implementation of the 2030 Agenda for Sustainable Development and the Decade. The Working Group specifically called for the following actions to be taken: (a) devoting special attention to the human rights situation of people of African descent, gathering data disaggregated on the basis of race and other variables following a human rights-based approach, analysing disparities and preparing specific programmes of action to address gaps and improve their human rights situation; (b) designing special projects, in collaboration with people of African descent, to support their initiatives at the community level. The Working Group offered to assist and facilitate the exchange of information and to connect people of African descent with financial and development institutions for this purpose. It would share its country visit reports and request development and financial institutions to assist Member States and people of African descent in the implementation of its recommendations; and (c) allocating additional investments to people of African descent in health-care systems and for education, housing, electricity, drinking water and environmental control measures and promoting equal opportunities in employment, as well as other affirmative or positive measures and strategies within the human rights framework. The delegation met with the Assistant Secretary-General for Human Rights, the United Nations Development Group Human Rights Working Group, the United Nations Population Fund, the Department of Public Information, the Ford Foundation, and members of civil society, the media and other United Nations anti-racism experts. The meetings generated different avenues for further engagement with key partners in this area.

2. The Working Group also held meetings in Washington, D.C. for that purpose on 27 and 28 June 2016. ↩

The Working Group devoted its twentieth session to the theme “Leaving no one behind: people of African descent and the Sustainable Development Goals”.

The first panel discussion focused on Sustainable Development Goal 1 on ending poverty in all its forms everywhere. Ms. Fanon Mendes-France gave a presentation providing examples of the types of inequalities faced by people of African descent in different parts of the diaspora, including France and its overseas territories, specifically the French Caribbean, which had led to poverty. She highlighted the importance of data collection, as very little data were available for assessing the impact of poverty and inequality on people of African descent. People of African descent had experienced poverty since the time of the trade in enslaved Africans and it was one of the consequences of the way in which the newly freed people had been treated after abolition. The lack of will to repair the order which had instituted racialization kept them in a state of extreme precariousness, the consequences of which were still visible today. They were the first to be affected by policies that caused inequalities, including through globalization and structural racism. She provided several socioeconomic indicators pointing to the growing inequalities in the world which, without change, threatened to disrupt societies. Those most affected by the exclusion and segregation produced by that situation were young people. As identified in the Durban Declaration and Programme of Action, colonialism, its effects and the persistence of related structures and practices were among the factors contributing to lasting social and economic inequalities in many parts of the world, and it was imperative to remove all obstacles by establishing a new economic order based on the principle of non-discrimination.

Sara Sekkenes, of the United Nations Development Programme (UNDP), noted that human rights values such as equality and non-discrimination were at the heart of the 2030 Agenda for Sustainable Development. The Millennium Development Goals had focused mainly on a limited set of economic and social rights, and the Sustainable Development Goals, which had inequality at their centre and promised to leave no one behind, included a commitment to fight discrimination and encompassed civil, political, economic, social and cultural rights. Ms. Sekkenes highlighted the work of UNDP based on its vision to assist States to achieve the simultaneous eradication of poverty and a significant reduction in inequalities and exclusion, with a focus on developing sustainable development pathways, strengthening inclusive and effective democratic governance and peacebuilding, and building resilience. She provided detailed examples of the Programme’s work in supporting the promotion and protection of the human rights of people of African descent at the country level in Colombia, Ecuador, Guatemala and Honduras, as well as other initiatives in the Latin American region.

Gay MacDougall, member of the Committee on the Elimination of Racial Discrimination, spoke on Sustainable Development Goal 1 and on Goal 10 on reducing inequality within and among countries. She highlighted the importance of the Committee’s general recommendation No. 34 (2011) on racial discrimination against people of African descent, in which the Committee recognized that racism and structural discrimination against people of African descent, rooted in the infamous regime of slavery, were evident in the situations of inequality affecting them. The Committee had called for robust special measures and affirmative action programmes to be instituted, and urged that States adopt comprehensive anti-discrimination legislation and strong enforcement institutions with procedures that could be initiated by victims and their representatives. One of the key challenges in realizing the 2030 Agenda goal of leaving no one behind was with respect to indicators and data disaggregation, as only such data would give critical insight into the degree to which minorities, and specifically communities of people of African descent, were benefiting or being ignored. She further emphasized the need for a detailed mapping of people of African descent and corresponding socioeconomic data. The Inter-Agency and Expert Group on Sustainable Development Goal Indicators had not made it an explicit requirement to apply disaggregation across the entire indicator set, thereby posing a challenge in acquiring a real picture in relation to the status of poverty, socioeconomic condition and inequalities faced specifically by people of African descent.

The last speaker, Fabiana Del Popolo of the Economic Commission for Latin America and the Caribbean (ECLAC), recalled that there was a large and diverse population of people of African descent in Latin America and the Caribbean, with its own demographic, territorial and sociopolitical perspectives but united by the common denominator of discrimination and structural racism owing to the legacy of the transatlantic trade in enslaved Africans by the European conquerors. She pointed to the importance of data collection initiatives in the region as a fundamental tool for the design and evaluation of policies for the promotion of the human rights of people of African descent. Twelve out of 13 countries had included data related to people of African descent in their censuses carried out since 2010, and 17 out of 20 Latin American countries intended to include identification of people of African in future censuses. Statistics on the economic condition of people of African descent were available in four countries in the region; in 2014, the number of people of African descent living in poverty as compared with people not of African descent was almost three times higher in Uruguay, more than double in Brazil and around 50 per cent higher in Ecuador and Peru. Despite advances in the region in terms of data collection, it was necessary to further disaggregate indicators and data in the implementation of the 2030 Agenda. She concluded by stating that ECLAC would continue to support the countries of the region in those matters, through technical assistance, the production of disaggregated information, the generation of updated knowledge and the strengthening of national capacities for the analysis of such information.

During the interactive dialogue, Michal Balcerzak reported on the Working Group’s engagement with development and financial institutions. Ms. Fanon Mendes-France and Ahmed Reid asked Ms. Sekkenes to elaborate on how UNDP intended to address the concerns of people of African descent without disaggregated data. Ms. Sekkenes responded that more needed to be done to invest in the capacities to develop indicators and disaggregated data. Mr. Reid asked Ms. Fanon Mendes-France whether reparations could be included as part of the strategy to leave no one behind. She said that there was a way to incorporate reparations, including by addressing issues such as the distribution of land and property, and reparations could take the form of full recognition of the narrative of the past and the legacy of enslavement. The representative of South Africa, speaking on behalf of the African Group, called upon the Working Group to develop tangible recommendations to indicate ways to move forward with the Sustainable Development Goals, with reference to relevant information from the Durban Declaration and Programme of Action in relation to poverty. Representatives of civil society commented on the centrality of structural racial discrimination, access to food, health, education and employment, and discrimination in the criminal justice system faced by people of African descent.

The second panel focused on Sustainable Development Goal 10 and on Goal 5 on achieving gender equality and empowering all women and girls. Mr. Sunga stated that people of African descent, and especially women and girls, lived at the margins of the global society. As a result of its country visits the Working Group had reached the inescapable conclusion that people of African descent lagged behind disproportionately in terms of the enjoyment of their civil and political and their economic, social and cultural rights. The language of the Sustainable Development Goals failed to consider people of African descent as a specific victim group. He offered a number of useful indicators on Goals 5 and 10 in relation to people of African descent, including forms of reparatory justice for past historical injustices, including the legacy of enslavement and genocide: number of convictions for hate crimes, including various forms of hate speech and violence against people of African descent; prevalence of racial profiling such as carding and stop and frisk practices against people of African descent; disproportionate prevalence of solitary confinement of people of African descent; number of people of African descent who were members of the judiciary and prosecution services; number of police responses to mental health calls which included a psychiatrist or psychologist as part of the responding team; good educational outcomes up to university level for people of African descent; number of families of African descent who owned their own homes; number of women of African descent who were able to retain custody of their children and who were not deprived of custody for supposed mental health issues or other similar concerns; and prevalence of culturally appropriate health care for women and children of people of African descent.

Hillary Gbedemah, member of the Committee on the Elimination of Discrimination against Women, spoke about the convergence of Goal 10 and the Committee, examining the impacts on racial discrimination of persons of African descent living in the African diaspora. She pointed to several issues, including historical antecedents, terminology, data collection and the concept of equality vs. equity, as being key issues for people of African descent. She drew attention to the convergence of indicator 10.3 with article 7 of Convention on the Elimination of All forms of Discrimination against Women and indicator 10.6 with article 8 of the Convention. In conclusion, she drew upon the Committee’s general recommendations No. 34 (2016) on the rights of rural women and No. 33 (2015) on women’s access to justice to highlight the importance for people of African descent of ensuring access to justice and combating gender bias and stereotyping.

Carlos Quesada, of the International Institute on Race, Equality and Human Rights, said that although the Latin American and Caribbean region had achieved considerable success in reducing extreme poverty over the last decade, it still had high levels of income and wealth inequality which had stymied sustainable growth and social inclusion. Afro-descendants comprised 30 per cent of the population (more than 300 million people) but, according to numerous organizations, the Afro-descendant population was disproportionately concentrated in the poorest areas with the highest housing deficit, and suffered greater exposure to crime and violence and had higher levels of unemployment. In addition, the situation of structural discrimination was confirmed by the indicators on access to housing, loans, quality health care and education, life expectancy and nutrition status, among others. There was a strong connection between poverty and race and between race and class; these categories intertwined and deepened the serious situation of Afro-descendant people, including men, women, youth, people with disabilities and Afro-descendant lesbian, gay, bisexual, transgender and intersex people. Racial profiling, excessive use of force and racial discrimination in the judicial system had an important impact on the inequality affecting people of African descent in the region. He concluded by calling upon Member States in the region to ratify the Inter-American Convention against Racism, Racial Discrimination and Related Intolerance and the Inter-American Convention against All Forms of Discrimination and Intolerance.

During the interactive session, Mr. Gumedze asked Ms. Gbedemah how the Committee on the Elimination of Discrimination against Women could play an important role in uplifting women of African descent in the diaspora. Mr. Reid asked Mr. Quesada about his thoughts on the Caribbean Community’s 10-point action plan on reparations and whether it could help in eliminating disparities within the region. In response, Ms. Gbedemah said that she had been encouraged by States’ acceptance of the recommendations adopted by the Committee. Mr. Quesada said that the 10-point plan had not been well communicated to the broader region, although Spain had issued an apology to indigenous communities. The representative of Colombia shared information on measures taken in Colombia to improve the economic living conditions of communities of people of African descent. The representative of Brazil reported that Brazil had adopted a national security plan with a focus on homicide levels, particularly among Afro-Brazilians. The representative also reported on the implementation of affirmative action programmes to ensure equitable racial representation in education. The representative of Cuba stated that attainment of Sustainable Development Goal 10 required international cooperation and a fairer economic order. The representative of the European Union said that all the Goals were mutually reinforcing, but Goal 10 was particularly relevant and gender issues must be promoted in all relevant policy actions. Ms. Gbedemah called for development aid to be linked to equality for women, while Mr. Sunga called for establishing linkages between development aid and reparatory justice, as well as participation of people of African descent in the formulation of aid policies. Representatives of civil society raised a number of issues pertaining to the impact of the Mental Health Act on women in the United Kingdom of Great Britain and Northern Ireland, violence and disappearances of women in the United States, and the plight of refugee and migrant women in Europe and their respective challenges.

The third panel discussion covered Sustainable Development Goal 4 on ensuring inclusive and quality education for all and promoting lifelong learning, along with Goal 8 on promoting sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all. Mr. Reid emphasized the relevance of the strategy on inclusive education outlined in the Durban Declaration and Programme of Action, as racism, racial discrimination, Afrophobia and related intolerance were endemic to many education systems globally, leading to severe inequalities in access to and retention of schooling, which directly violated the principles of human rights and dignity. A large number of the Goals would not be attained without inclusive education, just as racism and racial/ethnic discrimination would continue to function as structural and systemic barriers to sustainable development. He concluded by pointing out that unequal access to key educational resources, including skilled teachers and quality curriculums, different learning opportunities and the discriminatory nature of the disciplining of children of African descent all had an impact on their educational attainment.

Ms. Gbedemah said that education was very important to her Committee. She focused her presentation on the right of access to education, rights within education and rights through education. The Committee had called for increased opportunities for indigenous women to gain access to educational institutions and public institutions. She also pointed to existing rural-urban differentials, class differentials and gender differentials that had contributed to differences in educational outcomes for girls. Individuals, because of their race or gender, were discriminated against in the assessment of their educational attainments (including certificates) and consequently were not considered in awarding employment and advancement opportunities.

Martin Oelz, from the International Labour Organization (ILO), highlighted the ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111), which was the organization’s main instrument on the subject, along with the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The contributions by ILO to the report on the Decade took into account the goals and targets of the 2030 Agenda. The report gave an overview of the situation of persons of African descent in the world of work, and described ILO action in several areas: awareness raising, strengthening dialogue around fundamental principles and rights at work; building reliable statistics and data collection; a focus on the rural and informal economy; and building international alliances to address the situation of people of Africa descent. He concluded by providing the perspective of ILO in addressing discrimination through the Sustainable Development Goals with interventions in the following areas: improving anti-discrimination legislation, its enforcement and access to justice; addressing multiple forms of discrimination; enhancing enterprise-level policies and practices to prevent and address discrimination based on race, colour, ethnicity or other relevant grounds; encouraging policy-oriented and evidence-based research to underpin policy debates and development; promoting access to decent work in key occupations and economic sectors, including through transitions to the formal economy and universal access to a social protection floor; building broad alliances at the national, regional and international levels to promote ownership and support for diversity and rejection of racial discrimination; and ensuring that organizations of persons of Africa Descent and relevant civil society organizations could participate in follow-up and review of the 2030 Agenda.

During the interactive session, Ms. Fanon Mendes-France asked Mr. Reid about narrating the legacy of the trade in enslaved Africans and colonialism in an accurate manner. Mr. Reid noted that quite a few Caribbean historians had spent time rewriting the history of the Caribbean; however, Eurocentric materials were still being circulated in schools. Currently, Caribbean students had to travel to the former colonial countries to access materials related to the region. The repatriation of documents was a suggested solution. Technology transfer was another suggestion related to reparations. The representative of South Africa emphasized the importance of access to education and of quality education. The representative of Cuba spoke of the importance of international cooperation, which applied to education as well. The representative of Barbados also commented on the importance of teaching about local history prior to the transatlantic trade in enslaved Africans. Civil society representatives commented on the impact of litigation on the lack of funding for education, human rights education for children and the importance of the recognition of history in education. In conclusion, Mr. Reid reminded the civil society representatives to be engaged in the high-level political forum on sustainable development scheduled to take place under the auspices of the Economic and Social Council in July 2017.

The fourth panel focused on the topic of Goal 16 on promoting peaceful and inclusive societies for sustainable development, providing access to justice for all and building effective, accountable and inclusive institutions at all levels. Mr. Gumedze stated that Goal 16 was an important tool or agent of change for advancing the mandate of the Working Group. The violence to which people of African descent were subjected was usually a component of racist crimes. One way of reducing such crimes was by improving social cohesion, especially in culturally diverse societies. For example, the Government of Belgium had created an inter-dialogue commission in 2004 with the aim of improving social cohesion in Belgium’s culturally diverse society. Mr. Gumedze gave other examples of similar measures to address access to justice for people of African descent that the Working Group had proposed following country visits.

Justin Hansford, of the St. Louis University School of Law, spoke about the achievements of the Black Lives Matter movement in the United States as well as about continuing manifestations of racial discrimination in the criminal justice system in the country. The disproportionate impact of racial violence and police brutality on people of African descent in the United States was compounded by the fear that the new administration would do away with the positive measures that had been undertaken, as pointed out by the Working Group following its country visit in January 2016. In conclusion, Mr. Hansford suggested that the Working Group consider adopting among its recommendations the goal of cutting Black incarceration in half by the end of the Decade, declaring mass incarceration a crime against humanity and demanding reparations for mass incarceration.

Domenica Ghidei Biidu, of the European Commission against Racism and Intolerance, described the Commission’s work in combating racial discrimination in Europe through its periodic country reporting. In those reports it had provided a number of recommendations to countries in the region, including on racial profiling and the use of disproportionate force by police; addressing negative racial stereotypes faced by people of African descent; racism in sports; hate speech, including hate speech on the Internet; police violence; racist and xenophobic speech by politicians; racist violence towards migrants and asylum seekers; and discrimination in education, housing, health and employment.

During the interactive session Mr. Balcerzak asked the panellists how the Working Group could enhance cooperation with organizations such as the Commission and enhance its outreach with civil society. Ms. Fanon Mendes-France asked why the Commission did not use the term Afrophobia. In response, Mr. Hansford suggested focused recommendations and greater engagement with State actors and civil society. Ms. Ghidei Biidu mentioned concerns over whether the term Afrophobia fully encapsulated the lived experiences of the people it attempted to encompass. The representative of the European Union outlined steps that must be taken to prevent discrimination in the criminal justice system and to prevent discrimination in arrests and sentencing, and expressed keen interest in multilateral dialogue to discuss measures that could be taken to eliminate discrimination. The representative of Brazil asked the panellists about ways to address structural racism in police forces in an effective manner. Mr. Hansford responded by recommending that criminal charges be brought and financial penalties imposed for racial discrimination, whether practised by individuals or private or public entities; such penalties should be available at the federal and state levels. Several civil society representatives from different parts of the world provided examples of racial discrimination and violence faced by people of African descent in the criminal justice system and by agents of law enforcement.

The fifth panel discussion focused on the topic of Sustainable Development Goal 3 on ensuring healthy lives and promoting well-being. Mr. Balcerzak stated that the health problems and concerns of people of African descent ranged from the medical needs of children and youth of African descent living in underprivileged communities to adult populations being systematically discriminated against and neglected with respect to access to modern health care, to elderly people of African descent whose dignity and human rights were often undermined by a lack of proper geriatric medicine and care. Efforts to achieve the targets of Goal 3 with reference to people of African descent should address particular areas in which the health and well-being of people of African descent were put at specific risk owing to social, cultural or even historical factors. Enslavement and colonial and post-colonial injustices as well as constant struggles with structural racism, intolerance and Afrophobia had had a direct influence on the health and well-being of people of African descent. He concluded by urging State authorities, with appropriate reference to the aims of the Decade and due regard for Goal 3, to prioritize the issues of the health care and well-being of people of African descent in their health policies and programmes.

Matilda MacAttram, Director of Black Mental Health UK, focused her presentation on mental health as both a human right and a social justice issue. While mental health was not specifically mentioned in the Sustainable Development Goals, it was one of the leading causes of morbidity. In the United Kingdom, people of African descent not only faced disproportionate rates of incarceration but, as police data had indicated, were much more likely to be referred for psychiatric evaluation while in custody. People of African descent were nine times more likely than the rest of the population to be admitted to psychiatric hospitals in England and Wales, although they did not have a higher prevalence of mental ill-health. She concluded by calling for support for banning the use of tasers, particularly in psychiatric settings.

Sandra Del Pino, of the Pan American Health Organization/World Health Organization (PAHO/WHO), described the work of PAHO on the health situation of people of African descent in the Latin American and Caribbean region, including achievements, challenges and opportunities. Despite advances in the inclusion of self-identification variables in population and housing censuses, lack of quantitative and qualitative data remained a major barrier to understanding the health situations of people of African descent in the region, including the determinants. Such data were needed to formulate adequate responses and ensure accountability. In addition to structural racial discrimination, people of African descent faced other social determinants of health such as lower educational attainment, lack of access to education and lack of health infrastructure in the areas where they lived, among others, which placed the Afro-descendant population of the region at a disadvantage. PAHO had identified four key areas to address the determinants of health —gender, equity, human rights and ethnicity — in order to reduce the inequities in health, and had adopted a regional plan of action to address inequalities in health aimed at people of African descent.

During the interactive session Ms. Fanon Mendes-France emphasized the need to analyse how the transatlantic trade in enslaved Africans had continued to affect the overall health of people of African descent. The right to health of people of African descent was directly related to the right to their traditional lands, which had been expropriated and contaminated by multinational companies; that in turn had exposed them to health hazards. At the same time, urban gentrification of areas where people of African descent lived also had an adverse impact on their overall health and well-being. A representative of civil society highlighted the importance of access to alternative, traditional and complementary medicine that was prevalent in Africa.

A special panel was held on the International Decade for People of African Descent. Ms. Fanon Mendes-France mentioned that while the Decade was an important achievement, it was already in its third year and therefore there was a need to move towards undertaking major efforts to fundamentally challenge structural racial discrimination, including by organizing an annual forum for people of African descent that would serve as a bridge between States and civil society and enhance support to and the visibility of the Decade by mobilizing funding.

Yvette Stevens, Chair of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, outlined the work of the Working Group and stated that despite efforts to combat racism, racial discrimination, xenophobia and related intolerance, enormous challenges remained in combating xenophobic attitudes, hate speech and crimes which were on the rise, severely affecting the enjoyment of their human rights by various groups, including people of African descent. She reported on the progress achieved on the establishment of a forum for people of African descent, and called for States and civil society to work together in ensuring that the forum yielded the positive results that everyone sought.

Taonga Mushayavanhu, Chair of the Ad Hoc Committee of the Human Rights Council on the Elaboration of Complementary Standards to the International Convention on the Elimination of All Forms of Racial Discrimination, presented the work of the Committee in addressing the elaboration of complementary standards in the form of either a convention or additional protocol(s) to the Convention, filling the existing gaps in the Convention and providing new normative standards aimed at combating all forms of contemporary racism, including incitement to racial and religious hatred. Despite challenges in the development of complementary standards, the General Assembly had now called upon the Ad Hoc Committee to ensure the commencement of negotiations on the draft additional protocol to the Convention criminalizing acts of racist and xenophobic nature.

Michael McEachrane, representing a number of civil society activists and organizations in Sweden and Europe, recommended that the Working Group develop guidelines and other written materials for addressing enslavement and colonialism and their continuation in structural racial discrimination and inequities facing Africans and peoples of African descent worldwide. He also called for an increased focus on areas of reparatory justice, public education on the histories and present-day legacies of colonialism and enslavement, redress for the impact of environmental degradation on Africans and people of African descent, and finding ways through information technology to empower and connect grass-roots and other civil society representatives who were interested in working together to seek recognition and justice for the legacies of enslavement and colonialism, in the context of the Decade.

During the interactive session, the representative of Mexico outlined the actions undertaken by Mexico in combating discrimination, including enacting new laws, building new institutions and adopting public policies. The representative of the United States articulated the need to ensure that domestic and international development policies were designed to leave no one behind. A representative of civil society called upon Member States to do more to implement the programme of activities of the International Decade, including through the implementation of the recommendations made by the various mechanisms such as the Working Group and the periodic tracking of the status of implementation of its recommendations. Another civil society representative called for greater efforts towards recognition of the historical legacy of the transatlantic trade in enslaved Africans during the Decade to enhance its profile.

A special consultation with civil society was held during the session to explore innovative ways for the Working Group to engage with civil society organizations and thereby strengthen its work. For the first time, civil society organizations were able to participate remotely: the consultation was webcast live and the recording could be viewed on United Nations Web TV. Contributions had been sought on social media platforms before and during the consultation and the input received had informed the discussions. Substantive discussions centred on three guiding questions exploring (a) key human rights concerns of people of African descent; (b) ways to strengthen the impact of the recommendations of the Working Group; and (c) priority human rights concerns which the Working Group should focus on in the next three years. Ms. Fanon Mendes-France, as a member of the Working Group, chaired the session and in her opening remarks recognized the essential work of civil society in the protection of the human rights of people of African descent and in bringing an end to structural racism.

Mr. Hansford reflected on the human rights concerns of people of African descent in the United States and around the world. He highlighted racial bias in the criminal justice system and mass incarceration in the United States. He emphasized the present moment of resistance, when people of African descent were rising up and stating that Black lives mattered, even at a time of renewed fervour for ethnic populism and White nationalism. Mr. Balcerzak highlighted key themes from civil society submissions, including disparities in law enforcement and in the criminal justice system; police violence, racial profiling and excessive use of force; impunity for racial killings, mass incarceration; protection of the right to vote; poverty and social exclusion; multiple aggravated forms of racial discrimination against women; and recognition in particular that the transatlantic slave trade was an atrocity. During the discussion, civil society members also called for a declaration on the rights of people of African descent, statistical data on persons of African descent, accountability and affirmative action. They also highlighted specific concerns of people of African descent in Colombia, France, Haiti, Spain and Switzerland.

Ms. MacAttram spoke about her work to address the ways in which the United Kingdom Mental Health Act was used against people of African descent and highlighted concerns relating to the Black British experience, in particular with regard to policing and mental health. Mr. McEachrane stated that people of African descent faced structural racism and inequity rooted in histories of colonialism and enslavement which must be addressed. A statement was made by a representative of the Leadership Conference on Civil Rights Education-United States of America on behalf of the United States Human Rights Network, in which the Network emphasized, inter alia, the human rights crisis in the criminal justice system in the United States, a product of continued discrimination and gross disparities in both the enforcement and the application of the law and resulting in racial profiling, the use of excessive force by law enforcement officials perpetrated with impunity, overrepresentation of African Americans in prison, disproportionate criminal penalties and the disproportionate rates of detention and deportation of immigrants of African descent. The political environment in the United States had inflamed individual prejudices, strengthened oppressive institutions and emboldened those who would perpetrate acts of hate. In addition, the lack of recognition of and reparations for the centuries of harm to people of African descent must be addressed as a human rights imperative.

The Working Group welcomed suggestions to enhance its engagement with civil society, including through the production of educational materials which would link the themes of the Decade to existing human rights standards such as the Durban Declaration and Programme of Action and the International Convention on the Elimination of All Forms of Racial Discrimination; providing opportunities for the international community of civil society organizations and human rights defenders working to combat racism against people of African descent to connect across their different countries and regions; increasing accessibility through improved use of available communications technology; and making the demand for reparatory justice for people of African descent a central part of its work in the coming years. Mr. Reid also highlighted civil society submissions on this topic, including the suggestion that a session of the Working Group should be held outside Geneva to allow greater participation for civil society.³

3. For more information see www.ohchr.org/EN/Issues/Racism/WGAfricanDescent/Pages/WGEPADConsultationCivilSociety2017.aspx. ↩

The Working Group concluded its twentieth session on the theme “Leaving no one behind: people of African descent and the Sustainable Development Goals” and adopted the following conclusions and recommendations.

The Working Group thanked Member States and representatives of international organizations and civil society for their active participation. Ms. Fanon Mendes-France, attending her last session as a member of the Working Group, made a statement outlining her experiences, achievements and challenges during her tenure with the Working Group.

The Sustainable Development Goals and the International Decade for People of African Descent present opportunities for concrete action to advance the human rights of people of African descent. Structural racism, racial discrimination, Afrophobia, xenophobia and related intolerance are the root causes of inequality and must be addressed. The 2030 Agenda for Sustainable Development envisages a world of universal respect for equality and non-discrimination between and within countries, including gender equality, by reaffirming the responsibilities of all States to respect, protect and promote human rights, without distinction of any kind as to race, colour, sex, language, religion, political or other opinions, national and social origin, property, birth, disability or other status. In adopting the Goals, States have pledged that no one will be left behind and to reach the furthest behind first. The Goals are clearly focusing on the needs of the poorest and most vulnerable.

The Committee on the Elimination of Racial Discrimination in its general recommendation No. 34 recalled that racism and structural discrimination against people of African descent, rooted in the infamous regime of slavery, are evident in the situations of inequality affecting them and reflected, inter alia, in the following domains: their grouping, together with indigenous peoples, among the poorest of the poor; their low rate of participation and representation in political and institutional decision-making processes; additional difficulties they face in access to and completion and quality of education, which results in the transmission of poverty from generation to generation; inequality in access to the labour market; limited social recognition and valuation of their ethnic and cultural diversity; and a disproportionate presence in prison populations.

The Working Group has a mandate to monitor the human rights situation of people of African descent, elaborate proposals for the elimination of racial discrimination against people of African descent and contribute to development programmes for people of African descent. The Working Group is therefore well suited to advocate for prioritization of programmes specifically tailored to combat structural racism and racial discrimination against people of African descent in implementation of the 2030 Agenda and the Decade.

Implementation and monitoring efforts must assess progress in achieving results for people of African descent specifically. This requires, inter alia, consultation and participation of people of African descent at all stages of the process; the collection and analysis of disaggregated data that reveal the situation of the most disadvantaged groups and those groups affected by discrimination; and the development and implementation of specific programmes to address the human rights violations and disparities faced by people of African descent.

The Working Group concludes that inequalities are deeply entrenched in structural barriers that intersect and reinforce each other. Given their cross-cutting nature, the goals and targets will not be met if we do not acknowledge that racism, racial discrimination, Afrophobia, xenophobia and related intolerance will continue to function as structural and systemic barriers to sustainable development for people of African descent.

The Working Group concludes that growing income, wealth and other forms of inequality are threats to social stability. Without change, growing inequalities and segregation disrupt our societies, and people of African descent are the first victims. The eradication of structural racism is key for attaining the Sustainable Development Goals. This is further underlined in the Durban Declaration and Programme of Action, which emphasize that poverty, underdevelopment, marginalization, social exclusion and economic disparities are closely associated with racism, racial discrimination, xenophobia and related intolerance and contribute to the persistence of racist attitudes and practices, which in turn generate more poverty.

The Working Group is convinced that there is a clear connection between poverty and structural racism. Discrimination can both cause poverty and be a hurdle in alleviating poverty. It is not a coincidence that in countries with a history of the transatlantic trade in enslaved Africans, enslavement and colonialism, the poorest population group is composed of racial or ethnic minorities.

Women and girls of African descent suffer from multiple forms of discrimination on account of their race, gender, class and other identities. The Working Group agrees with the Afro feminist theory of intersectionality that women of African descent face multiple forms of oppression which are interconnected and cannot be addressed separately from one another. Women of African descent face discrimination in all areas of life and their specific human rights concerns must be addressed.

Education is one of the most powerful and proven vehicles for sustainable development. It is a mechanism through which economically and socially marginalized peoples, including people of African descent, can lift themselves out of poverty. It plays a vital role in empowering women, safeguarding children from exploitation, promoting human rights and democracy, protecting the environment, and fostering tolerance and respect between people.

The stark reality is that people of African descent continue to suffer from many multiple, aggravated and intersecting forms of discrimination. As a result, educational outcomes for people of African descent are a function of their unequal access to key educational resources, including skilled teachers and quality curriculums. There is copious evidence that in some States, students of African descent routinely receive dramatically different learning opportunities based on their social status. This poses a fundamental challenge to Goal 4, which aims at ensuring an inclusive and equitable quality education for all. Intimately connected to the right to education is the right to work. With poor educational outcomes at all levels in addition to racial discrimination, people of African descent are unable to secure decent work.

The Working Group regrets that people of African descent generally do not enjoy peace and security because of structural discrimination endemic within the criminal justice system. They do not have access to effective justice. They are subjected to racial profiling and police violence and are disproportionately incarcerated with impunity.

The Working Group concludes that enslavement, colonial and post-colonial injustices as well as constant struggles with structural racism, intolerance and Afrophobia have had a direct influence on the health and well-being of people of African Descent. Among many pivotal issues, special attention was given during the session to challenges faced by people of African descent in the area of mental health and the urgent need for adequate health care and support policies for people of African descent.

The Working Group welcomes the work of the Pan American Health Organization in the field of health of people of African descent. The work is based on an intercultural approach to health and equal treatment for the different groups from the standpoint of mutual respect, recognizing the value of culture and the elements that comprise it, including, among other things, lifestyles, value systems and traditions. PAHO/WHO is working on the development of specific plans on the health of people of African descent in the Latin American and Caribbean region.

The role of civil society in the work of the Working Group remains critical. The Working Group noted that civil society reported common manifestations of structural racism, racial discrimination, xenophobia, Afrophobia and related intolerance faced by people of African descent. The Working Group seeks to strengthen its engagement with civil society to further enhance its work by exploring innovative ways, including the use of modern technology, to allow wide participation of people of African descent.

The International Decade for People of African Descent aims at raising the issue of the historical, economic, political and cultural non-recognition of the people of African descent who were victims of the transatlantic trade in enslaved Africans, enslavement and colonialism. It also aims to deconstruct racism. The Decade offers the possibility of bringing together States, civil society and multilateral institutions to elaborate ways to effectively address the fundamental basis of knowledge and rights of people of African descent. Agenda 2063: The Africa We Want, adopted by the African Union and rooted in pan-Africanism and African renaissance, is also an important reference in this regard.

The Working Group will consider the development of operational guidelines for use by stakeholders (Governments, the United Nations and civil society) on how to prioritize people of African descent as a particularly discriminated-against group at all stages of implementation of the Sustainable Development Goals. The Working Group will advocate for: (a) special attention to the human rights situation of people of African descent, based on an analysis of disparities and specific programmes of action to address gaps and improve their human rights situation; and (b) the designing of special projects, in collaboration with people of African descent and civil society, to support their initiatives.

The Working Group will continue to assist and facilitate the exchange of information and to connect financial and development institutions with people of African descent and civil society for this purpose. It will share its country visit reports with development and financial institutions and request them to increase their efforts and continue to assist Member States and people of African descent in the implementation of its recommendations.

The Working Group will consider contributing to a baseline study on data on people of African descent, including the collection of disaggregated data in accordance with human rights principles governing participation, disaggregation, self-identification, transparency, privacy and accountability. The study will be followed by an expert meeting on the importance of collecting data on people of African descent in order to close the gaps and address the inequalities and discrimination that they face.

The Working Group will conduct consultations with development and financial institutions in countries of interest to its mandate on prevention of racial discrimination against people of African descent. The consultations will be organized in cooperation with Governments, United Nations country teams, national human rights institutions, equality bodies and other civil society organizations and other relevant national stakeholders. The purpose would be to field test the operational guidelines on how to integrate the human rights concerns of people of African descent into the implementation of the Sustainable Development Goals.

States should make a genuine commitment to the standard of leaving no one behind by collecting disaggregated data. To monitor the implementation of the Sustainable Development Goals, it will be important to improve the availability of, and access to, data and statistics disaggregated by income, gender, age, race, ethnicity, migratory status, disability, geographic location and other characteristics relevant in national contexts to support the monitoring of the implementation of the Goals. The goal indicators should include the use of data from the existing mechanisms for monitoring compliance with human rights standards, especially the universal periodic review mechanism of the Human Rights Council and reviews of compliance with the International Convention on the Elimination of All Forms of Racial Discrimination.

The Working Group encourages financial and development institutions to support civil society and government programmes and projects which aim to implement the Working Group’s recommendations.

The Working Group urges Member States to allocate additional investments to the health-care and education systems of people of African descent and to promote equal opportunities in employment, as well as other positive measures and strategies within the human rights framework.

National, regional and international civil society organizations should produce and submit reports on the progress achieved in implementing the Sustainable Development Goals in countries for which they have the expertise and experience and participate in intergovernmental review processes at the regional and international levels.

In order to eradicate poverty, particularly poverty affecting people of African descent, it is essential to deconstruct all the elements of power and knowledge which maintain and promote the ongoing structural racism of which people of African descent are victims.

In order to advance the Sustainable Development Goals, States must provide effective, accountable and inclusive public institutions which must, inter alia, effectively protect the human rights of people of African descent. The Working Group recommends community-based monitoring of the Goals. Grass-roots organizations can become active partners for change.

The Working Group urges States to eradicate multiple forms of discrimination and oppression faced by women and girls of African descent in accordance with the concept of intersectionality in all areas of the Sustainable Development Goals.

States must ensure that people of African descent have access to quality education which enables them to compete on an equal footing with others in the labour market. States must acknowledge the persistence of structural racism and multiple forms of discrimination within the education system and must therefore put in place appropriate legislation and affirmative action policies to tackle the problem. School curriculums for all should take into consideration an accurate account of the history of the transatlantic trade in enslaved Africans, enslavement and colonialism.

States should ratify international agreements related to the fight against racism and discrimination in education. To this end, the Working Group calls for universal ratification of the International Covenant on Economic, Social and Cultural Rights as well as the Optional Protocol thereto and the Convention against Discrimination in Education of the United Nations Educational, Scientific and Cultural Organization.

The Working Group calls upon States to promote access to decent work for people of African descent in key occupations and economic sectors without any discrimination, as required by ILO Convention No. 111. Other measures include improving anti-discrimination legislation and its enforcement by focusing and addressing multiple forms of discrimination such as discrimination based on race, colour, gender and disability.

Taking advantage of the International Decade for People of African Descent, States must cut the mass incarceration rate of people of African descent by half, at the very least, by 2024.

The challenges and specific risks faced by people of African descent in regard to health should be adequately addressed by States through, inter alia, efficient health insurance schemes, targeted programmes to reduce maternal mortality and improved pre- and post-birth medical care, providing adequate health services in all areas, including mental health and psychological support, and raising awareness of specific and culture-related health issues of people of African descent among the public as well as among medical professionals.

The Working Group welcomes the efforts being conducted by PAHO/WHO regarding health for people of African descent and recommends that such work be extended to other regions and organizations.

States should promote a new appreciation of traditional knowledge, practices and cultural expressions through transmission mechanisms specific to each culture and with regard to the protection of the biological and cultural heritage of people of African descent.

All international, regional and national organizations, including United Nations agencies, should have a specific mandate on people of African descent. It is essential to promote social participation and strategic partnerships with people of African descent, ensuring the representation of women, men and the entire population concerned when designing policies and activities.

The Working Group encourages civil society to engage constructively with States in the implementation of the Working Group’s recommendations. The Working Group urges civil society organizations to make use of its complaint procedure to bring to its attention any concerns relating to Africans and people of African descent.

The Working Group calls upon Member States and United Nations agencies and programmes, as well as international development and financial programmes to empower and connect grass-roots and other civil society representatives who are working together to seek recognition and justice for legacies of enslavement and colonialism.

The Working Group calls upon States and international agencies, funds and programmes to ensure continued engagement with the Working Group, including at the upcoming high-level political forum on sustainable development and other relevant forums.

The International Decade for People of African Descent and the Sustainable Development Goals must meet the aspirations of people of African descent. The Durban Declaration and Programme of Action must be reaffirmed and States must guarantee their implementation. The Working Group urges Member States to reach consensus so that the forum for people of African descent can be held as soon as possible before the end of 2017. In order for the forum to reflect the concerns of States and civil society, it is desirable to open a consultation with civil society organizations to work on the format of the forum. The forum should, inter alia, discuss sources of racism and Afrophobia and the question of reparatory justice, as well as the overall theme of the Decade: recognition, justice and development. The work in the forum should lead primarily to the development of a United Nations declaration on people of African descent and other tangible results. Annex List of participants at the twentieth session A. Members of the Working Group Michal Balcerzak Sabelo Gumedze Mireille Fanon Mendes-France Ahmed Reid Ricardo A. Sunga III B. Member States Algeria, Argentina, Barbados, Benin, Botswana, Brazil, Colombia, Congo, Côte d’Ivoire, Cyprus, Czechia, Djibouti, Ecuador, Israel, Japan, Maldives, Malta, Mauritius, Mexico, Panama, Peru, Rwanda, South Africa, Ukraine. C. Non-member States Holy See. D. Intergovernmental organizations European Union. E. Non-governmental organizations in consultative status with the Economic and Social Council Action internationale pour la paix et le développement dans la région des Grands Lacs, Commission africaine des promoteurs de la santé et des droits de l’homme, CIVICUS: World Alliance for Citizen Participation, Comité international pour le respect et l’application de la charte africaine des droits de l’homme et des peoples, International Youth and Student Movement for the United Nations. F. Non-governmental organizations not in consultative status with the Economic and Social Council Association Urabá Global Suisse-Colombie, Black Mental Health UK, Comité national pour les réparations-Martinique, Culture of Afro-Indigenous Solidarity, Haiti Support Group, Leadership Conference on Civil Rights Education Fund-USA, West Against Racism Network (WARN). G. Panellists and presenters Fabiana Del Popolo, Economic Commission for Latin America and the Caribbean Hilary Gbedemah, member, Committee on the Elimination of Discrimination against Women Domenica Ghidei Biidu, European Commission against Racism and Intolerance Justin Hansford, Associate Professor, St. Louis University School of Law, United States of America Matilda MacAttram, Director, Black Mental Health UK Gay MacDougall, member, Committee on the Elimination of Racial Discrimination Michael McEachrane, European Network for People of African Descent Taonga Mushayavanhu, Permanent Representative of Zimbabwe to the United Nations Office at Geneva and Chair of the Ad Hoc Committee of the Human Rights Council on the Elaboration of Complementary Standards to the International Convention on the Elimination of All Forms of Racial Discrimination Martin Oelz, team leader, Indigenous Peoples and Ethnic Minorities, Gender, Equality and Diversity Branch, International Labour Organization Sandra del Pino, Regional Adviser on Cultural Diversity in the Family, Gender and Life Course Department, Pan American Health Organization/World Health Organization Carlos Quesada, Director, International Institute on Race, Equality and Human Rights Sara Sekkenes, Conflict Prevention Adviser, United Nations Development Programme Yvette Stevens, Permanent Representative of Sierra Leone to the United Nations Office at Geneva and Chair of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action United States Human Rights Network