United Nations

International Convention onthe Elimination of All Formsof Racial Discrimination

CERD/C/GC/34
Distr.: General
3 October 2011
Original: English

Committee on the Elimination of Racial Discrimination
Seventy-ninth session
8 August–2 September 2011

General recommendation No. 34 adopted by the Committee
Racial discrimination against people of African descent
The Committee on the Elimination of Racial Discrimination
Recalls the Charter of the United Nations and the Universal Declaration of Human Rights,
according to which all human beings are born free and equal in dignity and rights and areentitled to the rights and freedoms enshrined therein without distinction of any kind, theInternational Convention on the Elimination of All Forms of Racial Discrimination, theInternational Covenant on Economic, Social and Cultural Rights and the International
Covenant on Civil and Political Rights,
Recalls also that people of African descent received greater recognition and visibility at theWorld Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance, held in Durban in 2001, South Africa, its preparatory conferences, particularly
the + 5 Conference of Santiago, Chile, in 2000, reflected in the respective declarations andplans of action,
Reaffirms its general recommendations Nos. 28 (2002) on the follow-up to the World
Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance,and 33 (2009) on follow-up to the Durban Review Conference, in which the Committee
expressed its commitment to press for the implementation of the Durban Declaration andProgramme of Action,
Notes also the condemnation of discrimination against people of African descent as
expressed in the Durban Declaration and Programme of Action,
Observes that it has become evident from the examination of the reports of States parties tothe Convention that people of African descent continue to experience racism and racial
discrimination,
Having held a day-long thematic discussion on racial discrimination against people ofAfrican descent in the seventy-eighth session (February–March 2011) on the occasion of
the International Year for People of African Descent, in which the Committee heard andexchanged ideas with States parties, United Nations organs and specialized agencies,
special rapporteurs and their representatives, as well as non-governmental organizations,and decided to clarify some aspects of discrimination against such people and further
support the struggle to overcome this discrimination worldwide,

GE.11- 46043

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Formulates the following recommendations addressed to States parties:

I. Description
1.
For the purposes of this general recommendation, people of African descent arethose referred to as such by the Durban Declaration and Programme of Action and who
identify themselves as people of African descent.
2.
The Committee is aware that millions of people of African descent are living insocieties in which racial discrimination places them in the lowest positions in socialhierarchies.

II. Rights
3.
People of African descent shall enjoy all human rights and fundamental freedoms inaccordance with international standards, in conditions of equality and without any
discrimination.
4.
People of African descent live in many countries of the world, either dispersed
among the local population or in communities, where they are entitled to exercise, without
discrimination, individually or in community with other members of their group, asappropriate, the following specific rights:(a)
The right to property and to the use, conservation and protection of lands
traditionally occupied by them and to natural resources in cases where their ways of life andculture are linked to their utilization of lands and resources;(b)
The right to their cultural identity, to keep, maintain and foster their mode oflife and forms of organization, culture, languages and religious expressions;(c)
The right to the protection of their traditional knowledge and their culturaland artistic heritage;(d)
The right to prior consultation with respect to decisions which may affecttheir rights, in accordance with international standards.
5.
The Committee understands that racism and racial discrimination against people ofAfrican descent are expressed in many forms, notably structural and cultural.
6.
Racism and structural discrimination against people of African descent, rooted in theinfamous regime of slavery, are evident in the situations of inequality affecting them andreflected, inter alia, in the following domains: their grouping, together with indigenous
peoples, among the poorest of the poor; their low rate of participation and representation inpolitical and institutional decision-making processes; additional difficulties they face inaccess to and completion and quality of education, which results in the transmission ofpoverty from generation to generation; inequality in access to the labour market; limitedsocial recognition and valuation of their ethnic and cultural diversity; and adisproportionate presence in prison populations.
7.
The Committee observes that overcoming the structural discrimination that affects
people of African descent calls for the urgent adoption of special measures (affirmativeaction), as established in the International Convention on the Elimination of All Forms ofRacial Discrimination (arts. 1, para. 4, and 2, para. 2). The need for special measures has
been the subject of reiterated observations and recommendations made to the State parties
under the Convention, summarized in general recommendation No. 32 (2009) on the2

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meaning and scope of special measures in the International Convention on the Eliminationof All Forms of Racial Discrimination.
8.
For the exercise of the rights of people of African descent, the Committee
recommends that States parties adopt the following measures:

III. Measures of a general nature
9.
Take steps to identify communities of people of African descent living in theirterritories, especially through the collection of disaggregated data on the population,bearing in mind the Committee’s general recommendations, particularly generalrecommendations Nos. 4 (1973) on demographic composition of the population (art. 9); 8(1990) on identification with a particular racial or ethnic group (art. 1, paras. 1 and 4), and24 (1999) on reporting of persons belonging to different races, national/ethnic groups, orindigenous peoples (art. 1).
10.
Review and enact or amend legislation, as appropriate, in order to eliminate, in linewith the Convention, all forms of racial discrimination against people of African descent.
11.
Review, adopt and implement national strategies and programmes with a view toimproving the situation of people of African descent and protecting them against
discrimination by State agencies and public officials, as well as by any persons, group ororganization.
12.
Fully implement legislation and other measures already in place to ensure thatpeople of African descent are not discriminated against.
13.
Encourage and develop appropriate modalities of communication and dialogue
between communities of people of African descent and/or their representatives and therelevant authorities in the State.
14.
Take the necessary measures, in cooperation with civil society and members ofaffected communities, to educate the population as a whole in a spirit of nondiscrimination, respect for others and tolerance, especially concerning people of Africandescent.
15.
Strengthen existing institutions or create specialized institutions to promote respect
for the equal human rights of people of African descent.
16.
Conduct periodic surveys, in line with paragraph 1 above, on the reality ofdiscrimination against people of African descent and provide disaggregated data in theirreports to the Committee on, inter alia, the geographical distribution and the economic andsocial conditions of people of African descent, including a gender perspective.
17.
Effectively acknowledge in their policies and actions the negative effects of thewrongs occasioned on people of African descent in the past, chief among which arecolonialism and the transatlantic slave trade, the effects of which continue to disadvantage
people of African descent today.

IV. The place and role of special measures
18.
Adopt and implement special measures meant to eliminate all forms of racial
discrimination against people of African descent, taking into account the Committee’s
general recommendation No. 32 (2009).
19.
Formulate and put in place comprehensive national strategies with the participationof people of African descent, including special measures in accordance with articles 1 and 2
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of the Convention, in order to eliminate discrimination against people of African descentand ensure their full enjoyment of all human rights and fundamental freedoms.
20.
Educate and raise the awareness of the public on the importance of special measures(affirmative action programmes) to address the situation of victims of racial discrimination,
especially discrimination as a result of historical factors.
21.
Develop and implement special measures aimed at promoting the employment ofpeople of African descent in both the public and private sectors.

V. Gender-related dimensions of racial discrimination
22. Recognizing that some forms of racial discrimination have a unique and specificimpact on women, design and implement measures aimed at eliminating racial
discrimination, paying due regard to the Committee’s general recommendation No. 25(2000) on gender-related dimensions of racial discrimination.
23.
Take into account, in all programmes and projects planned and implemented and allmeasures adopted, the situation of women of African descent, who are often victims ofmultiple discrimination.
24.
Include in all reports to the Committee information on the measures taken toimplement the Convention that specifically address racial discrimination against women ofAfrican descent.

VI. Racial discrimination against children
25.
Recognizing the particular vulnerability of children of African descent, which maylead to the transmission of poverty from generation to generation, and the inequality
affecting people of African descent, adopt special measures to ensure equality in theexercise of their rights, in particular corresponding to the areas that most affect the lives ofchildren.
26.
Undertake initiatives specifically aimed at protecting the special rights of the girlchild and the rights of boys in vulnerable situations.

VII. Protection against hate speech and racial violence
27.
Take measures to prevent any dissemination of ideas of racial superiority andinferiority or ideas which attempt to justify violence, hatred or discrimination against
people of African descent.
28.
Also ensure the protection of the security and integrity of people of African descent
without any discrimination by adopting measures for preventing racially motivated acts ofviolence against them; ensure prompt action by the police, prosecutors and the judiciary forinvestigating and punishing such acts; and ensure that perpetrators, be they public officials
or other persons, do not enjoy impunity.
29.
Take strict measures against any incitement to discrimination or violence against
people of African descent including through the Internet and related facilities of similar
nature.
30.
Take measures to raise awareness among media professionals of the nature andincidence of discrimination against people of African descent, including the media’sresponsibility not to perpetuate prejudices.
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31.
Take resolute action to counter any tendency to target, stigmatize, stereotype orprofile people of African descent on the basis of race, by law enforcement officials,politicians and educators.
32.
Develop educational and media campaigns to educate the public about people of
African descent, their history and their culture, and the importance of building an inclusive
society, while respecting the human rights and identity of all people of African descent.
33.
Encourage the development and implementation of methods of self-monitoring by
the media through codes of conduct for media organizations in order to eliminate the use of
racially discriminatory or biased language.

VIII. Administration of justice34.
In assessing the impact of a country’s system of administration of justice, take into
consideration its general recommendation No. 31 (2005) on the prevention of racial
discrimination in the administration and functioning of the criminal justice system, and pay
particular attention to the measures below where they pertain to people of African descent.
35.
Take all the necessary steps to secure equal access to the justice system for all
people of African descent including by providing legal aid, facilitating individual or groupclaims, and encouraging non-governmental organizations to defend their rights.
36.
Introduce into criminal law the provision that committing an offence with racist
motivation or aim constitutes an aggravating circumstance allowing for a more severe
punishment.
37.
Ensure the prosecution of all persons who commit racially motivated crimes against
people of African descent and guarantee the provision of adequate compensation forvictims of such crimes.
38.
Also ensure that measures taken in the fight against crimes, including terrorism, donot discriminate in purpose or effect on the grounds of race and colour.
39.
Take measures to prevent the use of illegal force, torture, inhuman or degrading
treatment or discrimination by the police or other law enforcement agencies and officials
against people of African descent, especially in connection with arrest and detention, andensure that people of African descent are not victims of practices of racial or ethnic
profiling.
40.
Encourage the recruitment of people of African descent into the police and as otherlaw enforcement officials.
41.
Organize training programmes for public officials and law enforcement agencies
with a view to preventing injustices based on prejudice against people of African descent.

IX. Civil and political rights
42.
Ensure that authorities at all levels in the State respect the right of members ofcommunities of people of African descent to participate in decisions that affect them.
43.
Take special and concrete measures to guarantee people of African descent the rightto participate in elections, to vote and stand for election on the basis of equal and universal
suffrage and to have due representation in all branches of government.

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44.
Promote awareness among members of the communities of people of African
descent of the importance of their active participation in public and political life andeliminate obstacles to such participation.
45.
Take all necessary steps, including special measures, to secure equal opportunities
for participation of people of African descent in all central and local government bodies.
46.
Organize training programmes to improve the political policymaking and public
administration skills of public officials and political representatives who belong tocommunities of people of African descent.

X. Access to citizenship
47.
Ensure that legislation regarding citizenship and naturalization does not discriminate
against people of African descent and pay sufficient attention to possible barriers tonaturalization that may exist for long-term or permanent residents of African descent.
48.
Recognize that deprivation of citizenship on the basis of race or descent is a breachof States parties’ obligation to ensure non-discriminatory enjoyment of the right tonationality.
49.
Take into consideration that, in some cases, denial of citizenship for long-term orpermanent residents could result in the creation of disadvantage for the people affected interms of access to employment and social benefits, in violation of the Convention’s antidiscrimination principles.

XI. Economic, social and cultural rights
50.
Take steps to remove all obstacles that prevent the enjoyment of economic, socialand cultural rights by people of African descent especially in the areas of education,
housing, employment and health.
51.
Take measures to eradicate poverty among communities of people of African
descent within particular States parties’ territories and combat the social exclusion or
marginalization often experienced by people of African descent.
52.
Design, adopt and implement plans and programmes of economic and social
development on an equal and non-discriminatory basis.
53.
Take measures to eliminate discrimination against people of African descent inrelation to working conditions and work requirements including employment rules andpractices that may have discriminatory purposes or effects.
54.
Work with intergovernmental organizations, including international financialinstitutions, to ensure that development or assistance projects which they support take into
account the economic and social situation of people of African descent.
55.
Ensure equal access to health care and social security services for people of Africandescent.
56.
Involve people of African descent in designing and implementing health-based
programmes and projects.
57.
Design and implement programmes aimed at creating opportunities for the generalempowerment of people of African descent.

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58.
Adopt or make more effective legislation prohibiting discrimination in employment
and all discriminatory practices in the labour market that affect people of African descentand protect them against all such practices.
59.
Take special measures to promote the employment of people of African descent in
the public administration as well as in private companies.
60.
Develop and implement policies and projects aimed at avoiding the segregation ofpeople of African descent in housing, and involve communities of people of African
descent as partners in housing project construction, rehabilitation and maintenance.

XII. Measures in the field of education
61.
Review all the language in textbooks which conveys stereotyped or demeaning
images, references, names or opinions concerning people of African descent and replace itwith images, references, names and opinions which convey the message of the inherent
dignity and equality of all human beings.
62.
Ensure that public and private education systems do not discriminate against or
exclude children based on race or descent.
63.

Take measures to reduce the school dropout rate for children of African descent.

64.
Consider adopting special measures aimed at promoting the education of all studentsof African descent, guarantee equitable access to higher education for people of Africandescent and facilitate professional educational careers.
65.
Act with determination to eliminate any discrimination against students of Africandescent.
66.
Include in textbooks, at all appropriate levels, chapters about the history and culturesof peoples of African descent and preserve this knowledge in museums and other forums
for future generations, encourage and support the publication and distribution of books andother print materials, as well as the broadcasting of television and radio programmes about
their history and cultures.

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