A/HRC/40/75
65.
Ms. Donders shared her view on cultural rights. Challenges included how to
translate broad concepts of culture into legal documents pertaining to areas such as sports,
arts, land, etc. She further stated that equality meant a right to be different. Equality rights
did not mean that everyone should be treated equally and that the implementation of rights
could be different. It was important to include cultural rights in the declaration and to
recognize the cultural dimension in the rights to self-determination, freedom of expression
and education. Ms. Donders also mentioned collective cultural rights, as rights holders and
their beneficiaries were groups, communities and peoples, as well as individuals.
66.
Ms. Mosbah gave an overview of the history of Tunisia as the first country to
abolish slavery. A declaration would provide for a legal platform, as Tunisia did not have
any legislation against racial discrimination. She believed that a declaration was essential
for the Government of Tunisia to recognize the distinct needs of people of African descent
and address the issue of migration in North Africa.
67.
The representative of the Bolivarian Republic of Venezuela stated that his country
fully supported Human Rights Council resolution 35/30 and noted that recognition of past
wrongs, development and land rights should be included in the declaration. He requested
OHCHR to provide space and technical, financial and logistical support.
68.
Ms. Mina Rojas highlighted the importance of the Declaration and called upon
States to review their constitutions. Historical reparations should be implemented and
mechanisms should be put in place to deal with territorial and environmental rights. The
International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989
(No. 169) (arts. 14 and 15) could provide a framework.
69.
Ms. Carneiro Santos reported that according to the national census of Brazil, more
than 50 per cent of the population identified as people of African descent. Acknowledging
the significant progress Brazil had made, including the history of people of African descent
being taught in schools since 2003, she called for State funding for an exhibition on people
of African descent with a gender-sensitive approach, ensuring the participation of female
cultural activists.
70.
Mr. Murillo pointed out the increase in racial discrimination against people of
African descent and called for commitment by States to overcome those challenges. With
regard to the declaration, the right to recognition as a distinct people and ethnic group, the
right to full participation, the right to communal land in ancestral territories and the right to
preserve natural resources and collective knowledge should be highlighted. In his view, a
declaration would also foster the possibility of maintaining an ongoing dialogue.
71.
Ms. De Leon commented that Afro hair (which has been targeted as an ethnic
feature) should be included in policies regarding combating racial discrimination as part of
the draft declaration.
72.
Ms. Kaneza addressed the fear of NGOs that the declaration would be in conflict
with the Durban Declaration and wished to warn against a tendency to assume the
separation of the two documents.
73.
Ms. Shepherd agreed with Ms. Kaneza and reassured the participants that although
the United Nations mechanisms might seem overlapping, it would actually strengthen the
rights of people of African descent. Focusing on people of African descent would not
diminish the rights of other minority groups. Ms. Shepherd further pointed out that there
were several overlapping mechanisms in the United Nations, which strengthened rather
than weakened the overall goal of combating racial discrimination. She encouraged
everyone to continue the conversation and to commit collectively to ending discrimination
against people of African descent.
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