APRIL 2021 SIPA Capstone Project Report Combating Racism and Discrimination through the United Nations Client: The International Peace Institute (IPI) | Faculty Advisor: Adam Day | Students: Talisa Anderson, Emily Green, Minji Ko, Sanskruti Majmudar, Laura McCreedy, Juliana Nino Pardo, and Amanda Waldron CREDITS & ACKNOWLEDGMENTS This report was researched and prepared on behalf of the International Peace Institute (IPI) by the Combatting Racism and Discrimination through the United Nations | SIPA Capstone Workshop group. Team Members: Talisa Anderson Emily Green Minji Ko Sanskruti Majmudar Laura McCreedy Juliana Nino Pardo Amanda Waldron The Combatting Racism and Discrimination through the United Nations | SIPA Capstone Team would like to extend our gratitude to our interviewees and our advisors for their generous time, without which this project would not have been possible: Adam Day, Director of Programmes, United Nations University Centre for Policy Research and Adjunct Associate Professor of International and Public Affairs, Columbia University, whose advising and feedback guided us throughout this project. Suzanne Hollmann, Saleha Awal, and the rest of the Columbia SIPA Capstone Program for their logistical support. Our client, the International Peace Institute, and in particular: Jake Sherman, Daniel Forti, Agathe Sarfati, and Albert Trithart. Salimata Seck for providing initial research and support. Cover photo: Black Lives Matter protesters at a demonstration against police brutality in Boston, Massachusetts, United States, May 2020. Maddie Meyer/Getty Images News CONTENTS Executive Summary 4 Introduction 6 Chapter 1: Case Study Selection and Rationale 7 Chapter 2: Equality and Non-Discrimination within the Human Rights Framework 10 The human rights framework within the United Nations 10 Principle of equality and non-discrimination 10 Differentiation of purpose and effect 11 Group rights within the international human rights framework 12 Chapter 3: Summaries of Case Studies 13 Apartheid in South Africa 13 Discrimination Against the Rohingya in Myanmar 15 Discrimination Against the Uighurs in China 18 Discrimination Against Black Americans in the U.S. Criminal Justice System 20 Discrimination Against the Roma 24 Discrimination Against People with Albinism 26 Discrimination Against LGBTI People 28 Chapter 4: Application and Analysis of Mechanisms Across Cases 31 Mapping of mechanisms 32 Security Council 33 General Assembly 34 Secretariat 37 UN agencies, funds, and programs 40 Human Rights Council 42 Treaty bodies 48 Mapping of mechanisms across cases 54 Chapter 5: Lessons Learned 55 Chapter 6: Recommendations 65 Working to overcome geopolitics and sovereignty concerns 65 Strengthening compliance with and implementation of treaties 67 Mainstreaming equality and non-discrimination across the UN 70 Improving the implementation and coordination of mechanisms 70 Building local capacity 71 Improving data collection, measurement, and transparency 72 Rebalancing of priorities across UN pillars with greater focus on human rights 73 2 Conclusion 74 Works cited 75 Annex: 86 Annex 1: Relevant UN and regional resolutions and declarations 87 Annex 2: Mechanisms applied in the cases of genocide in the Sudan and Myanmar 90 Annex 3: Case studies 93 Apartheid in South Africa 94 Discrimination Against the Rohingya in Myanmar 107 Discrimination Against the Uighurs in China 119 Discrimination Against Black Americans in the U.S. Criminal Justice System 130 Discrimination Against the Roma 154 Discrimination Against People with Albinism 178 Discrimination Against LGBTI People 187 3 ABBREVIATIONS BLM Black Lives Matter CAT Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment CED International Convention for the Protection of All Persons from Enforced Disappearance CEDAW Convention on the Elimination of All Forms of Discrimination against Women CERD Committee on the Elimination of All Forms of Racial Discrimination CESCR Committee on Economic, Social and Cultural Rights CMW International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families CRC Convention on the Rights of the Child CRPD Convention on the Rights of Persons with Disabilities CSO Civil Society Organization CSW Commission on the Status of Women DPPA Department of Political and Peacebuilding Affairs ICCPR International Covenant on Civil and Political Rights ICERD International Convention on the Elimination of All Forms of Racial Discrimination ICESCR International Covenant on Economic, Social and Cultural Rights LGBTI Lesbian, gay, bisexual, transgender, and intersex OHCHR Office of the High Commissioner for Human Rights PWA People with albinism SOGIESC Sexual Orientation, Gender Identity and Expression, and Sex Characteristics UNHRC United Nations Human Rights Council UPR Universal Periodic Review UNGA United Nations General Assembly UNSC United Nations Security Council 4 discrimination, challenging the notion that Executive Summary the Organization is simply a toothless Responding to systemic forms of racism and watchdog or otherwise unable to take violence against people of color, the Black effective action. Though many mechanisms Lives Matter movement has drawn are non-binding and change may take place worldwide attention to issues of racial justice gradually, many of the UN’s interventions in the U.S. and beyond. Calls for action at the have helped to raise awareness, improve international level have increased, with a coordination in response, press for domestic renewed interest in the potential role of the legislation, and at times lead to accountability United Nations in pushing for a more for systemic discrimination. The report ambitious anti-discrimination agenda. With identifies the key conditions that inhibit its founding purpose to promote and protect greater effectiveness of the UN, including: the fundamental rights of all people, the UN (1) sovereignty concerns, (2) lack of is committed to the elimination of racism and compliance with treaty obligations, (3) local is a constant advocate for greater capacity constraints, and (4) data and accountability for all forms of discrimination. transparency issues. How might the UN take advantage of this moment in history to advance its anti- Recommendations discrimination and racial justice agenda? To overcome these challenges, and drawing What instruments and processes exist within on the lessons learned from the case studies, the UN system to combat racism and the report offers the following discrimination, and what factors enable or recommendations for the UN and Member inhibit the Organization from having a States seeking to advance the anti- greater impact? discrimination agenda: This report takes on the question of the UN’s effectiveness in combating systemic forms of Work to overcome geopolitics discrimination by comparing seven case 1 and sovereignty constraints studies. Four cases were specific to one country: discrimination against Black Member States should lead with humility on the international stage, speaking openly Americans in the U.S., against non-whites in about their domestic shortcomings on apartheid South Africa, against the Rohingya discrimination to maintain credibility on in Myanmar, and against the Uighurs in China. Three cases were thematic and human rights within geopolitically-charged multinational: discrimination against the UN forums. They should also leverage coalitions to advance stalled or polarized European Roma, against persons with issues in order to overcome political albinism in Africa, and against LGBTI obstacles to addressing anti-discrimination at individuals worldwide. The cases offered examples of the full range of UN the UN. In scenarios where sovereignty mechanisms, including fact-finding, constraints restrict action at the national awareness raising, public declarations, legal level, governments supportive of UN anti- discrimination initiatives should seek to forums, and international enforcement. uphold international commitments through local diplomacy. Finally, where urgent issues On the basis of cross-case comparison, the involving serious violence against minority report finds that the UN can be a constructive partner in addressing systemic forms of groups cannot be advanced in forums like the Security Council due to geopolitical constraints, Member States can turn to the country team offices, which are key for Unite for Peace resolution under which the addressing discrimination on the ground. General Assembly can authorize enforcement actions. Build local capacity 5 Strengthen compliance with and UN agencies and bodies should ensure that 2 implementation of treaties states are provided with sufficient resources and technical assistance to implement UN- UN actors should urge national governments led recommendations and action plans. They to sign and fully implement treaties. Steps should foster collaborative relationships with should also be taken by committee chairs to national organizations and institutions. In coordinate and harmonize treaty body addition, the Secretary-General should jurisprudence on issues of discrimination, consider establishing a Trust Fund to support and with regional organizations, facilitate victims of systemic forms of discrimination. convergence in international approaches to human rights law and regional and sub- Improve data collection, regional mechanisms. Committees should prioritize the promotion of underutilized 6 measurement, and transparency mechanisms, such