A/HRC/15/18
make first contact with immigrants of African descent. However, members of the group did
not have the opportunity to see the practical implementation of these procedures.
60.
Several NGOs raised the issue of a lack of recognition of the connection between the
present situation of African Americans and the slavery past. They stressed that
discrimination is addressed by the State in general terms, not as an issue of particular
importance for people of African descent. Such an approach, according to them,
undermines the question of reparations for slavery, is minimizing the effects of past and
present segregation and leaves little space for discussions on the specific situation of people
of African descent. One of the results of such an approach is the rejection of affirmative
action as a tool to combat existing discrimination and the consequences of past
discrimination. In several meetings it was stressed to the members that there is a lack of
affirmative measures which take into consideration the specific roots and history of
discrimination against people of African descent. The members were also informed in
several meetings that while the Supreme Court has held that the use of quotas would be
unconstitutional, other affirmative action measures are not prohibited when used to promote
diversity. One NGO expressed its concern, however, that affirmative action programmes
have been scaled back in recent years and that where they do exist they focus on access for
people of African descent but do not provide adequate support once entrance is gained to a
given institution or organization.
61.
In several of the meetings that the members held with NGOs, it was emphasized that
there was not a State institution dedicated to the situation of people of African descent and
that such an institution could be beneficial to protecting and advancing the rights of this
population and its integration. Although the different Government departments have
programmes that attend to the African American population, it was suggested that a
dedicated institution would assist in relevant policy formulation and enhance coordination
between the various Government agencies that monitor the situation of, and provide
services to, the African descendant population. This lacuna has contributed to a very
passive attitude towards segregation and a lack of interest by the white majority for
participating in the programmes for inclusion. It was emphasized by several NGOs that the
dedicated institution should address the perception of people of African descent as criminal,
combat the social and racial profiling of African Americans and reinvigorate the fight
against the still very much present racist bias.
62. It was also suggested by several NGOs that the existing Commission on Civil Rights
should be transformed into a Commission on Civil and Human Rights. This would allow
the mandate of the Commission to include the international obligations of the United States
and to cover the rights of non-citizens.
C.
Collection of disaggregated data on people of African descent
63.
The members were impressed by the comprehensive structure that is in place in the
United States for collecting and analyzing disaggregating data, including by race. This
information has proven to be an important tool that the Government has used to identify
racial disparities in access to employment, education, health and other fundamental rights
and to design and implement policies to remedy the challenges identified.
64.
The Department of Health and Human Services informed the members that it
collects disaggregated data from over sixty sources on the health of different racial groups.
These data are used to focus on trends and design programmes to address the particular
health concerns of different communities.
65.
The Equal Employment Opportunity Commission informed the members that they
maintain data on all ethnic groups employed in companies of more than 100 employees and
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