A/HRC/40/75 Commission had also decided to devote a specific thematic discussion of the High-level Group on combating racism and other forms of intolerance to the topic of Afrophobia in December 2017. 39. The representative of Cuba underscored the importance of public policy and pointed out the significance of preserving traditional languages. In addition, she called for Member States to protect African cultures and religions. VII. Consideration of the elaboration of a draft United Nations declaration on the promotion of and full respect for the human rights of people of African descent A. Discussion of the raison d’être for a declaration 40. Ms. McDougall opened the discussion on the necessity for a United Nations declaration on the promotion of and full respect for the human rights of people of African descent. She suggested general recommendation No. 34 (2011) on racial discrimination against people of African descent of the Committee on the Elimination of Racial Discrimination as a template on which to expand when drafting the declaration. It could play a central role in promoting special measures, including affirmative action. 41. Mr. Gumedze noted that people of African descent continued to live in fear and were often subjected to racial profiling with a high risk of imprisonment. That fear was compounded by the rise of xenophobia against migrants, refugees and asylum seekers. He further noted that the protection of human rights for people of African descent remained inadequate owing to the lack of national policies allowing for the collection of disaggregated data based on ethnicity and race, and recommended that the elaboration of a declaration take place as soon as possible. 42. The representative of Brazil noted that it was necessary and urgent to begin negotiations on drafting a declaration. All over the world, people of African descent remained invisible in relation to issues of discrimination in areas such as education and health care. The declaration should promote and actualize already existing rights and not the creation of new rights. It should recognize the legacy of slavery, colonialism and the persistence of racism, racial discrimination, xenophobia and related intolerance in relation to people of African descent. Poverty, exclusion and marginalization should also be addressed. Brazil supported the holding of a consultation process to elaborate a declaration by the year 2024. 43. The representative of Argentina reiterated his country’s commitment to global progress to guarantee the recognition and full enjoyment of human rights of people of African descent. He stated that Argentina viewed the declaration as important because of the urgent need to eradicate racism and discrimination. He also recalled that the drafting of a declaration did not establish new rights, but worked to promote existing rights, recognizing the challenges that existed and elaborating strategies to deal with them. 44. The representative of Peru highlighted the importance and significance of people of African descent in Peru. He stated that Peru supported the rights of Afro-Peruvians. When drafting the declaration, it would be important to hold a national dialogue between governments and civil society. 45. The representative of Costa Rica emphasized the need to refer to article 1 of the Universal Declaration of Human Rights, in which the standard of non-discrimination was outlined. The identification of rights and State responsibility should be the aim of the declaration and violation of those rights should be penalized. 46. The representative of the Plurinational State of Bolivia supported the drafting of a declaration in order to combat discrimination against people of African descent and highlighted the importance of involving civil society and social movements (particularly those of people of African descent) to take part in the process. 7

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