A/HRC/26/55 discrimination, xenophobia and related intolerance, including the role of respective countries therein, by: (i) Supporting research and educational initiatives; (ii) Giving recognition to the victims and their descendants through the establishment of memorial sites in countries that [benefited from] [profited from and/or were responsible for] slavery, the slave trade, the transatlantic slave trade and colonialism and past tragedies where there is none, as well as at departure, arrival and relocation points, and by protecting related cultural sites. (c) Information-gathering 17. In accordance with paragraph 92 of the Durban Programme of Action, States should collect, compile, analyse, disseminate and publish reliable statistical data at the national and local levels, and take all other related measures necessary to assess regularly the situation of people of African descent who are victims of racism, racial discrimination, xenophobia and related intolerance. 18. Such statistical data should be disaggregated in accordance with national legislation. Any such information [shall] / [should], as appropriate, be collected with the explicit consent of the victims, based on their self-identification and in accordance with provisions on [international] human rights [law] and fundamental freedoms, [such as]/ [as well as] data protection regulations and privacy guarantees. [18. alt. Such statistical data should be disaggregated in accordance with national legislation, upholding the right to privacy and the principle of self-identification.] 19. The information should be collected to monitor the situation of People of African Descent, assess progress made, increase their visibility, and identify social gaps. It should also be used to asses and guide the formulation of policies and actions to prevent, combat and eradicate racism, racial discrimination, xenophobia and related intolerance; (d) Participation and inclusion 20. States should adopt measures to enable the full, equal and effective participation of people of African descent in public and political affairs without discrimination, in accordance with international human rights law. 2. Justice (a) Access to justice 21. States should take further measures, by: (a) Introducing measures to ensure equality before the law, notably in the enjoyment of the right to equal treatment before the tribunals and all other organs administering justice; (b) Designing, implementing and enforcing effective measures to eliminate the phenomenon popularly known as “racial profiling” and comprising the practice of police and other law enforcement officers [relying, to any degree] [based solely] [placing unwarranted reliance] on race, colour, descent or national or ethnic origin as the basis for subjecting persons to investigatory activities or for determining whether an individual is engaged in criminal activity; [(b) (alt.) Designing, implementing and enforcing effective measures to eliminate the phenomenon popularly known as “racial profiling”;] 7

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