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. 10

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