HRC54: First-Year Impact of the Permanent Forum on People of African Descent
The 54th Session of the Human Rights Council
11 September – 13 October 2023
Item 9: Interactive Dialogue on Report of the Permanent Forum on People of African Descent
6 October 2023
By Jamel Nampijja / GICJ
Executive Summary
The Chair of the Permanent Forum on People of African Descent, Ms. Epsy Campbell Barr, presented the Forum's First Annual Report A/HRC/54/68 during the Interactive Dialogue of the 39th of the 54th Regular Session of the Human Rights Council on the 06th of October 2023.
The Report provided a comprehensive overview of the activities and discussions held during the first and second sessions of the Permanent Forum on People of African Descent. These sessions took place in December 2022 in Geneva and May-June 2023 in New York, focusing on addressing the challenges faced by people of African descent worldwide.
During the Reporting period, the Permanent Forum participated in various events and issued statements calling for action against systemic racism, racial discrimination, and xenophobia. It held its first and second annual sessions, which included thematic discussions and side events involving participants worldwide.
The First Annual Report of the Permanent Forum on People of African Descent highlighted the ongoing challenges faced by people of African descent, particularly concerning systemic racism and discrimination, which are in violation of human rights obligations.
The Report called for the urgent need for restorative justice, data collection, a tailored/targeted/relevant UN declaration, and increased visibility in policymaking. The Report stressed the critical role of civil society and the importance of addressing these issues globally. The Report served as a reminder that the fight against racial discrimination is far from over, and the international community must remain committed to ensuring that human rights are upheld for all, regardless of their descent or background.
During the Interactive Dialogue, several representatives from various countries and non-governmental organisations delivered statements focusing on addressing systemic racism and discrimination against people of African descent. They highlighted the importance of recognising historical legacies, such as slavery and colonialism, and emphasised the need for reparatory justice.
Several representatives stressed the urgency of comprehensive efforts to combat racial discrimination. Multiple representatives noted the importance of policies based on disaggregated data and the intersectional approach required in promoting equality, emphasising the significance of recognising and integrating diverse cultural perspectives.
Moreover, the representatives emphasised the need to establish new economic and financial systems that ensure equality and protect the rights of diverse populations. The representatives also reiterated their support for the mandate of the Permanent Forum on People of African Descent.
Geneva International Centre for Justice is concerned about intergenerational and transgenerational trauma and other health disparities caused by the legacy of colonialism, slavery, apartheid, and genocide. GICJ urges the Human Rights Council to declare a second International Decade for People of African Descent; this imperative step not only recognises the substantial progress achieved during the first decade but also underscores the pressing need to confront and eradicate the ongoing challenges and injustices that persist today.
Background
In November 2014, the United Nations General Assembly passed Resolution A/RES/69/16 entitled Programme of Activities for the Implementation of the International Decade for People of African Descent, which marked the inception of a forum aiming to enhance the inclusion and participation of individuals and organisations representing people of African descent, along with other relevant stakeholders.
The Permanent Forum on People of African Descent was established as a consultative mechanism and advisory body to address the challenges faced by individuals of African descent, promote their human rights and create a more inclusive and equitable world for this demographic group.
Over subsequent years, the UN General Assembly and Human Rights Council elaborated on the modalities and format of the Permanent Forum. In December 2018, the UN General Assembly, through Resolution A/RES/73/262, formally established the Permanent Forum on People of African Descent, outlining its dual roles as a consultation mechanism and an advisory body to the Human Rights Council. The central aim of this resolution was to improve the safety and quality of life for people of African descent and contribute to addressing various forms of discrimination faced by this demographic group.
On the 2nd of August 2021, the General Assembly adopted its resolution 75/314, in which it formally operationalised the Permanent Forum as a consultative mechanism for people of African descent and other relevant stakeholders. This served as a platform for improving the safety and quality of life and livelihoods of people of African descent, as well as an advisory body to the Human Rights Council, in line with the programme of activities for the implementation of the International Decade for People of African Descent and in close coordination with existing mechanisms.
The first session of the Permanent Forum on People of African Descent was held from 5 to 8 December 2022 in Geneva.
The mandate of the Permanent Forum on People of African Descent is to contribute to the full political, economic and social inclusion of people of African descent in societies where they live as equal citizens without discrimination and contribute to ensuring equal enjoyment of all human rights.
The mandate aims to provide expert advice to various United Nations entities, including the Human Rights Council and General Assembly committees, focusing on the issues of racism, racial discrimination, xenophobia, and related intolerance faced by people of African descent. Additionally, the Forum is tasked with identifying best practices and addressing the challenges highlighted in the Durban Declaration and Programme of Action that are pertinent to these individuals. It also offers recommendations and advice on human rights protection and monitors the progress of the International Decade for People of African Descent's activities. Furthermore, the Forum supports socioeconomic development and advocates for collecting disaggregated data to inform better public policies concerning people of African descent globally.
Epsy Campbell Barr (Costa Rica), a former Vice President of Costa Rica and Minister of Foreign Affairs, is the current chairperson of the Forum. Ms Barr was twice a congressional representative in the Legislative Assembly of Costa Rica. Ms Barr is an Afro-feminist and human rights and environmental activist. She is also the founder of the Center for Afro-descendant Women and the Afro-descendant Institute for Study, Research and Development, as well as the Black Parliament of the Americas.
Report of the Chairperson
The Report addressed various issues including systemic racism, reparatory justice, meaningful participation in governance, health disparities, and the integration of climate justice into sustainable development discussions. It also acknowledged the role of civil society and urged Member States to address resource challenges for effective contributions.
Systemic Racism and Discrimination
The Report underscored persistent challenges faced by people of African descent, including systemic racism and discrimination. Despite global efforts, human rights violations continue, with structural racism, racial discrimination, marginalisation, and exclusion violating member states' human rights obligations.
The Report highlighted the concerning pattern of law enforcement agencies employing excessive force against individuals of African descent. This troubling trend brought attention to the persistent presence of structural and systemic racial discrimination, illustrating the magnitude of human rights violations faced by this community.
Moreover, the Chairperson stated that the fight against systemic racism calls for clear indicators and a universal racial justice index to measure action against racism.
United Nations Declaration on Human Rights
The Report emphasised the importance of drafting a United Nations declaration on the human rights of people of African descent to ensure dignity, inclusion, equity, and reparatory justice. Miss Barr urged Member States to prioritise the declaration and engage in regional consultations with civil society.
Invisibility in Policy-making and Sustainable Development
The Report highlighted the continued invisibility of people of African descent in policy-making processes, perpetuating socioeconomic inequalities, especially for women of African descent.
The Report highlighted the continued invisibility of people of African descent in policy-making processes, particularly in the context of sustainable development. This invisibility perpetuates socioeconomic inequalities and hinders progress towards sustainable development goals, especially for women of African descent.
The Report called for meaningful participation by people of African descent in decision-making processes related to global and national climate governance, emphasising the importance of addressing climate justice, racial and structural discrimination, and providing assistance in the aftermath of disasters.
Health Disparities and Trauma
Expressing concern about intergenerational and transgenerational trauma and health disparities caused by the legacy of colonialism, slavery, apartheid, and genocide, the Report called for universal healthcare coverage, including mental health services and culturally safe structures within healthcare systems.
Integration of Climate Justice into Sustainable Development
The Report stressed the importance of integrating climate justice into sustainable development discussions. It recommended the inclusion of discussions on racial discrimination, reparatory justice, and climate justice in the high-level political Forum on sustainable development.
The Report called for the meaningful participation of people of African descent in global and national climate governance. Moreover, the Report urged the Intergovernmental Negotiating Committee for a Framework Convention on Climate Change to ensure the inclusion of non-governmental organisations working to uphold the rights of people of African descent in the negotiation process.
Data Compilation for Sustainable Development Goals (SDGs)
The Report urged Member States to compile aggregated data on people of African descent to measure progress toward the SDGs and racial justice indicators.
Additioinally, the Report emphasised the importance of data-driven policies and the recognition of systemic and structural racism in broader social, international, and historical contexts. Additionally, the Report called for the development of official UN guidelines and a handbook on data compilation, focusing on addressing systemic and structural racism.
Furthermore, the Report recommended that Member States collect data on people of African descent disaggregated by various factors to monitor and address systemic racial discrimination. Moreover, it emphasised the importance of evidence-based indicators, comprehensive data collection, and equity considerations in policy-making.
Inequities in AI and Responsible Technology
The Report also raised concerns about the reproduction of inequities in the digital transformation of Artificial Intelligence (AI) and called for the development of responsible and inclusive technology to address these issues. Moreover, the Report highlighted the potential positive impacts of AI on data compilation and analysis while expressing concerns about algorithmic bias replicating inequalities.
Thus, they called for more inclusive spaces and initiatives to address societal stigma and racism in AI.
Proposed Reparatory Justice Measures
Recommendations included the establishment of a United Nations Reparatory Justice Commission, a global summit, and a specialised international tribunal. The Report urged Member States to promote research, education, and awareness about the histories of colonialism and enslavement and support economic development for people of African descent.
Additionally, the Report proposed the creation of an international fund for the return of cultural property and artefacts taken from Africa, aiming to address historical injustices. Member States were called upon to promote research, education, and awareness about the histories and legacies of colonialism and enslavement, provide data on reparatory justice efforts, and support economic development opportunities for people of African descent.
Moreover, the Report also suggested examining human rights, legal and institutional grounds for pursuing reparatory justice at the United Nations. Furthermore, the Report called for support from UN organs and agencies for comprehensive research on reparations for people of African descent.
Restorative Justice for Systemic Injustices
The Report emphasised the need for restorative justice to address systemic and structural injustices stemming from past crimes against humanity, such as enslavement, colonialism, apartheid, and genocide. It highlighted the ongoing impacts of these crimes on people of African descent, including disparities in health, well-being, and human rights.
The Report called for support from United Nations organs and agencies, such as the International Law Commission, to conduct a comprehensive study on reparations for people of African descent.
Call for a Second International Decade for People of African Descent (2025 to 2034)
Ms Barr stated that to make headway towards the full recognition of people of African descent and to achieve equality, restorative justice, and effective measures against systemic and structural racial discrimination at the national and international levels.
This call signifies the Forum's commitment to addressing the ongoing challenges faced by people of African descent and the need for sustained efforts and initiatives to combat racial discrimination and inequality. The Second International Decade would be a significant step towards achieving these goals and ensuring that the human rights of people of African descent are fully recognised and protected.
Interactive Dialogue
The representative of the European Union (EU) reiterated its staunch commitment to combating racism, racial discrimination, xenophobia, and related forms of intolerance. The representative strongly condemned all manifestations of racism, whether they are perceived or actual, emphasising the imperative for greater political will to address these issues.
She acknowledged the significance of the Permanent Forum as a consultative mechanism for people of African descent and other stakeholders. Moreover, she highlighted the Forum's role not only as a consultative body but also as an advisory entity to the Human Rights Council.
Regarding the negotiations on the UN Declaration on the Rights of People of African Descent, the representative highlighted the EU involvement in the initial round of discussions in October 2020. She emphasised the need for states to receive the revised text well in advance to prepare for negotiations adequately.
Furthermore, she stressed the importance of an inclusive negotiation process and pledged to engage in these discussions actively. They underscored the complexity of the matter at hand and the necessity for states to have adequate time for preparation.
The representative from Barbados, speaking on behalf of the CARICOM Group of States, stressed the significance of the Forum in addressing the structural inequalities faced by people of African descent. The representative further stressed the Forum's crucial role in educating, sharing experiences, and generating solutions to combat systemic disparities that hinder the full enjoyment of human rights for individuals of African descent.
He urged member states to engage in serious conversations to support the call for a "second decade for people of African descent," focusing on the pressing need for reparatory justice. Additionally, he urged UN member States to seek adequate solutions and provide essential support to amplify the voice of the Permanent Forum on People of African Descent in their quest for justice and equality.
Furthermore, he highlighted the ongoing pursuit of global reparatory justice in the Caribbean region through the CARICOM Reparations Commission, which has developed a 10-point plan to address the damaging effects of colonialism, including issues related to institutional preparedness for development and the burden of significant public debt.
The representative of Portugal expressed support for the objective of creating a UN Declaration to promote and protect the human rights of individuals of African descent, underscoring the importance of progress in its drafting.
The representative stated that Portugal was implementing the first national plan to combat racism and discrimination, developed in close collaboration with civil society organisations representing individuals of African descent. This plan aligns with the measures of the International Decade for People of African Descent.
Furthermore, she highlighted Portugal's engagement in a constructive dialogue with relevant entities and welcomed the Working Group of Experts on People of African descent for an official visit in 2021. She also stated that Portugal planned to host the First United Nations Anti-Racism Advocates Global Conference organised by the UN Anti-Racism team the following year, showing their commitment to addressing racism on a global platform.
The representative from Costa Rica stressed the imperative need to address the structural causes of racism and racial discrimination, which have not only excluded millions of people of African descent from development but also rendered them more vulnerable to the adverse effects of climate change. He highlighted the critical need to create public policy tools grounded in detailed information to rectify systemic human development disparities and combat inequality. Moreover, he called for a shift away from perceiving racism as sporadic occurrences, emphasising its colonial roots that have permeated societal, political, and economic structures, continuing to shape ideologies and impact the present.
Furthermore, he advocated for a second decade for people of African descent to achieve more significant equity and tackle intersecting forms of discrimination, exclusion, and the lack of access, particularly affecting women and girls. He emphasised the significance of involving people of African descent in decision-making processes for sustainable development and climate change, aligning with the Forum's recommendations.
The representative of Paraguay highlighted the importance of an intersectoral dialogue, recognising and honouring the cultural, historical, and social contributions made by Afro-descendant communities globally. The representative emphasised the importance of addressing and combating racial discrimination and inequalities experienced by individuals of African descent. He emphasised Paraguay's commitment to enacting public policies for the benefit of individuals of African descent, citing Act number 6940 of 2022, which establishes mechanisms and procedures to prevent and penalise acts of racism and discrimination against this community. They emphasised the dedication and focus given to implementing this law.
Additionally, he stressed the importance of a declaration that would provide an initial framework for promoting and safeguarding the rights of individuals of African descent comprehensively. He urged UN member States to allocate adequate resources for this initiative and highlighted the importance of regional consultations with African descendant communities. Also, he emphasised the potential of existing regional mechanisms for facilitating these discussions.
The representative of the United States of America (USA) commended the Forum's efforts in addressing structural inequalities and concerns related to transnational migration. She emphasised the importance of treating migrants with humanity and dignity, regardless of their status or country of origin.
The representative acknowledged the severe negative impacts of racism and racial discrimination on the health and well-being of individuals of African descent. She emphasised that racial equity, health equity, dignity, and respect are central principles driving the United States' efforts to address health, well-being, and intergenerational trauma for all Americans.
The representative stated that the US government was allocating $1.5 billion in investment aimed at expanding and diversifying the nation's healthcare workforce to ensure equitable healthcare. She stressed that the USA is committed to enhancing healthcare access and healthcare provider education to address disparities prevalent in Black communities, especially the alarming rates of maternal mortality and morbidity that disproportionately affect Black mothers and families.
The representative directed a query to Chairperson Campbell Bar, seeking insights into specific actions taken by states that have proven effective in reducing healthcare access disparities for people of African descent.
The representative of China stated that the darkest episodes in human history, namely colonialism, slavery, and the transatlantic slave trade, have led to immeasurable suffering for African people to this day. The representative stressed the need for serious global attention and concrete actions to address racism, discrimination, and intolerance, emphasising the urgency to create an inclusive and just environment for minority groups.
He stressed the crucial need for the international community to pay significant attention to these persisting issues. Moreover, he urged countries where racism and racial discrimination exist to take a serious stance, examining these problems rigorously and taking concrete remedial actions.
Moreover, he stressed the need for the accelerated implementation of the Durban Declaration and Programme of Action (DDPA) to establish an equal and inclusive environment for minorities, including people of African and Asian descent, and to eliminate the breeding ground for hatred and discrimination.
The representative from the United Nations Population Fund (UNFPA) highlighted the UNFPA's dedicated engagement with the Permanent Forum of People of African Descent, driven by a solid commitment to supporting historically marginalised communities. The representative emphasised the interconnected nature of structural racism and sexism, particularly underscoring the disproportionate challenges faced by women and girls of African descent.
She stated that people of African descent face higher instances of unmet family planning needs, preventable maternal mortality, and gender-based violence. Drawing attention to a study conducted in the Americas, the representative stated that alarming statistics show that women of African descent are three to four times more likely to die from preventable maternal causes compared to non-African and non-indigenous women.
She stated that the UNFPA's support for the Permanent Forum has been extensive, with initiatives including organising special events focused on African descendant women and girls in alignment with the Montevideo Consensus. Furthermore, she stressed the need to establish the Junior Professional Officer (JPO) program exclusively designed for young African professionals, aiming to bolster their representation within the UNFPA and the broader UN system.
The representative of Zimbabwe acknowledged the significance of utilising disaggregated data as a crucial tool to address systemic racism and supported the need for appropriate structures to recognise and integrate such data in policymaking.
The representative aligned with the Report's emphasis on the critical importance of addressing systemic racism in alignment with the 2030 Agenda for Sustainable Development. He highlighted the necessity of political commitment as a driving force to dismantle systemic racism and foster a new, wholly inclusive social contract for individuals of African descent.
Furthermore, he endorsed the drafting of a new declaration focused on the Promotion, Protection, and Full Respect of the Human Rights of People of African Descent.
The representative of the Russian Federation emphasised the Forum's significance as a platform for direct accounts of the aspirations and challenges of people of African descent, providing insights into how they envision resolving issues affecting their rights.
Addressing the eradication of the lasting consequences of slavery, colonialism, genocide, and apartheid, the representative regarded it as fundamental in eliminating systemic and structural racism. She called for all necessary efforts to raise awareness about historical events and the enduring impacts of colonialism and servitude in the quest to eradicate all forms of racial discrimination.
Moreover, she urged the Council to create an international fund initiative to repatriate cultural items and valuable artefacts taken from Africa. She stated that these returned items could aid in establishing new museums and preserving memories, fostering closer bonds of friendship and solidarity with the peoples of Africa, a commitment initiated since the eradication of colonialism.
The representative of South Africa asserted their full support for the Forum's recommendations to implement the Durban Declaration and Plan of Action effectively. The representative highlighted the importance of this implementation concerning the legacies and consequences of slavery, colonialism, and other forms of racist domination.
Moreover, he called on States to accelerate the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination.
Furthermore, he stated that South Africa supports the Forum's efforts to address the multifaceted, interrelated forms of discrimination experienced by people of African descent worldwide. Notably, he acknowledged the call for Member States to endorse the convening of the United Nations Global Summit on Reparatory Justice and the establishment of a specialised international tribunal within the UN system. This tribunal would address reparations for enslavement, apartheid, genocide, and colonialism in coordination with the broader UN system.
The representative of Panama stressed the need for comprehensive action to combat racial discrimination, extending beyond systemic and environmental racism to encompass all environments, including the digital world and technological innovation. The representative emphasised the importance of transformative change facilitated by the Permanent Forum, specifically in promoting greater inclusion, participation, and leadership for individuals of African descent.
She highlighted the critical role of the International Convention on the Elimination of All Forms of Racial Discrimination and the Durban Declaration Programme of Action in achieving the Sustainable Development Goals (SDGs). She advocated for an intersectional approach within the Forum's work, emphasising the need to explore the connections between racial justice, climate justice, and sexual and reproductive justice.
Additionally, she inquired about the incorporation of gender equality in the proposal for the Declaration of the Rights of People of African Descent and its potential inclusion in a second international decade.
The representative of Jamaica emphasised the necessity of addressing systemic and structural racism collectively to attain genuine progress, prosperity, and sustainability for all. The representative raised concern about the unfulfilled objectives of the UN Decade for People of African Descent and the impediments in fully implementing the Durban Declaration and Programme of Action.
She urged all Member States and stakeholders to intensify their efforts in meeting the commitments for promoting the protection and full respect of human rights for people of African descent, emphasising these commitments previously agreed upon by UN members by consensus.
In the context of rectifying past injustices and persistent inequalities impacting people of African descent, the representative called for international acknowledgement of reparatory justice as an essential means to restore dignity and progress. She affirmed its support for the endeavours of the CARICOM Community Reparations Commission, the Permanent Forum for People of African Descent, and other similar mechanisms dedicated to achieving this objective.
Given the limited advancements in addressing racial injustices globally, the representative expressed hope that the international community will respond affirmatively to extending the International Decade for People of African Descent.
The representative of Uganda stated that Africans deserve equal human rights, similar to individuals from other backgrounds, decrying the discrimination deeply rooted in the historical treatment during the era of slavery.
The representative called for equal rights in vital areas such as health, education, employment, social protection, and political participation. She asserted that it is no longer a request but a crucial priority for African people to participate and exist within society fully. She further urged all stakeholders, especially States, to collectively work toward eliminating any systemic and structural prejudices against people of African descent, offering them the necessary protection they unequivocally deserve.
Additionally, she stated that the discrimination faced by people of African descent has its origins deeply embedded in the historical legacies of slavery and colonialism. She stressed that this should no longer be a request but an immediate imperative, asserting the need to end this discrimination.
Concluding Remarks
In her concluding remarks, Ms. Barr expressed gratitude to the participating states for supporting various initiatives concerning people of African descent. She emphasised the critical significance of several key initiatives concerning people of African descent, including the call for a second decade of people of African descent, the Human Rights Declaration, the Development Fund for People of African Descent, and the International Commission on Reparations.
Ms. Barr responded to questions posed, particularly addressing best practices for education. She stated there is a need to create commissions on people of African descent within the Ministries of Education in member states. She also called for the creation of guides that include steps to take different perspectives and ensure the non-discrimination of people of African descent and the necessity to address gender issues explicitly. Moreover, Ms. Barr stressed the importance of women in the declaration and called for a gender-sensitive approach in drafting the declaration to ensure clarity on gender differences.
Additionally, she reiterated the importance of the Forum as a space for discussions between states and civil society, offering continued cooperation for upholding the rights of people of African descent, aspiring for the Forum to function as an advisory, oversight, and collaborative body.
Position of Geneva International Centre for Justice (GICJ)
The Geneva International Centre for Justice remains concerned about the pervasive issues of systemic and structural racism, racial discrimination, marginalisation, and exclusion, which persist and contravene the human rights obligations of member states. These deeply ingrained problems challenge the principles of equality and justice and require immediate and dedicated attention.
Therefore, GICJ appeals to all member states to take decisive, substantive, and collaborative action towards eradicating these enduring inequities. It is essential to implement comprehensive strategies that proactively address and dismantle systemic and structural racism to ensure fairness, equality, and the fulfilment of human rights for all individuals. These pervasive injustices need collective efforts to work together to eliminate these injustices and create a world where every person is valued and treated with equity and dignity.
Additionally, GICJ supports the recommendation in the Report by the Permanent Forum of people of African descent to ensure fair and equitable access to artificial intelligence for individuals of African descent. Technology transfer must occur to curb the perpetuation of inequalities and algorithmic biases. Therefore, GICJ calls upon the United Nations, member states, and AI development companies to take robust action to address this critical issue.
Fair access to artificial intelligence is not only a matter of technological inclusion but also a fundamental step in mitigating disparities and rectifying biases prevalent in the use and application of AI. Ensuring that individuals of African descent have equal opportunities in utilising AI technologies is pivotal to upholding fairness and inclusivity in our digital age. The active transfer of technology, coupled with efforts to prevent algorithm biases, is an essential endeavour. It will empower and foster a more equitable and just technological landscape.
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