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HUMAN RIGHTS COUNCIL

Sixteenth session, 28 February – 25 March 2011

Panel discussion on the full enjoyment of the human rights of people of African descent

POSITIVE ACTION – A POTENTIAL TOOL FOR FULL ENJOYMENT OF THE HUMAN RIGHTS OF PEOPLE OF AFRICAN DESCENT

PRESENTED BY MIRJANA NAJCEVSKA, CHAIRPERSON OF THE WORKING GROUP OF EXPERTS ON PEOPLE OF AFRICAN DESCENT

Geneva, 2 March 2011

Excellencies,

Ladies and Gentlemen,

It is very difficult to speak about the full enjoyment of the human rights of people of African descent. This is not because there are no challenges to the full enjoyment of their human rights (challenges persist through centuries and different political systems and through geographic areas). And this is certainly not because there is general denial of the equal rights of people of African descent. There is no such denial. On the contrary, it may seem absurd, but, to a certain extent the problem is exactly because of the acceptance of equality as a general principle. The universal approach towards equality in some way hides the essentials of the specific discrimination faced by people of African descent, the very unique roots of discrimination and particular structural discrimination based on socially acceptable behavior. Placed among many others types of discrimination this specific discrimination is becoming invisible. It is very difficult to speak about full enjoyment of the human rights of people of African descent because of the issues of race and structural discrimination. I do think that the very first crucial element associated with the enjoyment of human rights of the people of African descent is race. Even if nowadays many people deny its existence or proclaim that there is only one human race. I support the thesis that the social construct of race exists even if genetics suggests the contrary. The problem of racism is connected with privilege and power of one race over another or others, thus creating a hierarchy of races in societies. And because the benefit based on race is both tempting and lucrative. Together, race and structural discrimination produce specific inequality traps and institutionalized inequities, which are in direct contradiction to the genuine enjoyment of human rights by people of African descent. In this context, I support the view that racial inequality is not fundamentally a matter of what is in people's heads, nor a matter of their private individual intentions, but rather a matter of public institutions and practices that create or perpetuate racism. Or, it is very easy to relate to the situation of people of African descent. the Vijayendra Rao statement: “Inequality traps ….describe situations where the entire distribution is stable because the various dimensions of inequality (in wealth, power, and social status) interact to protect the rich from downward mobility, and to prevent the poor from being upwardly mobile” So far very little has been done to search for pathways through political economic and policy processes, to address inequality traps that lead to these dysfunctions in development related to people of African descent. Having in mind that inequitable institutions are very resistant to change we should consider proactive instead of reactive measures in search of appropriate response to the problem. Therefore, I want to open discussion on two topics: The first one is related to proposal that was submitted during the last meeting of the Working group on people of African descent (and the idea for further discussion on the subject was favorably accepted at the same meeting), for introducing the word: Afrophobia. At first glance it seemed to me too strong. But, on second glance...and having in front of me substantial data related to the situation of people of African descent worldwide, I am more and more in favor of opening such a discussion. The second topic is related to an idea that from time to time resurfaces and is placed on the agenda. That is the idea of positive or affirmative action. I am a proponent of positive action in coping with inequality traps that people of African descent are captured by. I do believe that systematic positive action based on recognition of active discrimination against people of African descent and the unique roots of this discrimination is necessary. Positive action and affirmative measures could open the possibility to talk about the past and present race hierarchy and might help to challenge the existing balance of power based on race. Positive action can be implemented in response to different problems and is demonstrated through different approaches. I will recall some of them, such as: • A compensatory approach (mainly intended to remedy harm caused in the past) • Corrective actions (primarily utilized to ensure the end of discriminatory practices) • Redistributive measures (the objective is principally to put an end to the unequal distribution of opportunity). These approaches allow for a better understanding of the different types of positive action, areas of implementation, and instruments utilized in each case. Each of these approaches on the other hand, could be associated with a specific type of instrument. For example: we can link a compensatory approach with legislation (laws, decrees, bylaws); a corrective one with various types of quotas; and a redistributive approach with selective targeting and proportions. So far, the implementation of positive action, even in the present very unsystematic manner of carrying it out, indicates encouraging results in the fields of education, housing, health, culture and decision making processes. Therefore, it logically follows that the next step is, and has to be, a systematic approach in the promotion and implementation of positive action. That is why we badly need the widespread and continuous support that not a Year but a Decade for people of African descent could engender.