A/HRC/16/64
VIII.
Thematic discussion on structural discrimination1
A.
Definitions, approaches and trends
46.
Mirjana Najcevska, Chairperson of the Working Group on People of African
Descent, Ion Diaconu, member of the Committee on the Elimination of Racial
Discrimination, and Githu Muigai, Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance made presentations on definitions,
approaches and trends of structural racial discrimination. Ferdous Ara Begum, member of
the Committee on the Elimination of Discrimination against Women, gave a presentation
on the gendered nature of structural discrimination in the field of migration and
employment.
47.
Following statements and questions raised by several delegates, the importance of
identifying structural discrimination in the context of the application of the DDPA, the need
for States to adopt specific legislation and policies, and the usefulness of collecting
disaggregated data were discussed. The positive role of education in providing
empowerment to people was also highlighted. A delegate noted in that regard that his
country incorporated elements of African history and culture within its school history
textbooks to give more visibility to people of African descent.
48.
A delegate noted that the term “structural discrimination” was still controversial, as
there was no consensus among academics as to how it operated. Several delegates and
panellists stressed that, while structural discrimination was about individual rights, it was
the overall system creating such discrimination that needed to be addressed. A delegate
from an NGO called upon the Committee on the Elimination of Racial Discrimination to
fully implement its mandate by transmitting petitions to the appropriate United Nations
bodies.
49.
Waleed Sadi, Vice-Chairperson of the Committee on Economic, Social and Cultural
Rights, made a presentation on the Committee’s perception of structural discrimination.
Hatem Kotrane, member of the Committee on the Rights of the Child, made a presentation
on structural discrimination with regard to children. Ana Elizabeth Cubias Medina, member
of the Committee on Migrant Workers, made a presentation on structural discrimination
with regard to migrant workers.
50.
During the discussion following the panellists’ presentations, questions were raised
on the structural dimensions of racial discrimination, the usefulness of statistics and
disaggregated data – in particular with regard to the attribution of individuals to groups and
the potential misuse of such data, how to avoid adverse effects of positive measures and
whether or not the perception of one unified human race was to be embraced.
51.
One delegate stated that the organization of his State was federalist, based on ethnic
groups. Mr. Diaconu pointed out that, while territorial organization was an autonomous
responsibility of States, it was important to ensure that the different regions were equally
represented and treated on a national level.
52.
Several observers from NGOs expressed concern about the negation of minority
groups’ right to use their own language, expressed regret that there were no experts invited
from groups working outside the United Nations in the field of racial discrimination and
inquired about progress made by OHCHR on a project initiated after the World Conference
1
12
Presentations made by invited panellists are available from
www2.ohchr.org/english/issues/racism/groups/implementation8th.htm.
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