Washington D.C., March 21, 2022.- Since events such as the murder of the African American citizen George Floyd, the problems of racism and racial discrimination have been positioned on the world agenda, generating reactions and measures of protection and reparation for people of African descent. It is undeniable, for example, the effort that has been made at the level of the Universal Human Rights System to create and strengthen international mechanisms in matters of human rights of this population and racial justice.

This International Day for the Elimination of Racial Discrimination, from the Institute on Race, Equality and Human Rights (Race and Equality) we want to recognize the new international standards on the rights of people of African descent and racial justice, but also call that these mechanisms go from paper to reality, and we can show a full guarantee of rights for Afro-descendants throughout the world.

The mechanisms and their mandates

The aforementioned context of awareness and actions in favor of the rights of people of African descent has also been driven by the plan of activities for the International Decade for People of African Descent (2015-2024). One of its main objectives is to approve and strengthen national, regional, and international legal frameworks in accordance with the Durban Declaration and Program of Action and the International Convention on the Elimination of All Forms of Racial Discrimination, and to ensure their full and effective implementation.

In 2021, the United Nations adopted two important mechanisms. One of them is the Permanent Forum of Afro-descendants, which was approved in August through Resolution 75/314 of the United Nations General Assembly, with the mission of being an advisory body to the Human Rights Council. Among its mandates is that of “contributing to the full political, economic and social inclusion of Afro-descendants in the societies in which they live, on an equal footing with other citizens and without discrimination of any kind, and to help guarantee the enjoyment in conditions of equality of all human rights.”

The resolution determines that the Forum will be composed of ten members. Five of these members—who currently include the former Vice President of Costa Rica, Epsy Campbell, and the attorney Justin Hansford of the United States—are designated by governments and elected by the General Assembly on an equitable geographic distribution basis, and five more appointed by the president of the Human Rights Council in consultation with Afro-descendant organizations. Another of its mandates is to evaluate a possible United Nations declaration on the promotion, protection, and full respect for the human rights of people of African descent, in addition to identifying best practices, challenges and opportunities and initiatives to address issues related to Afro-descendants.

On another note, in its resolution adopted on July 13, 2021, the Human Rights Council decided to establish an international mechanism of independent experts, composed of three experts with experience in law enforcement and human rights, who must be appointed by the chairman. Its mandate is to examine systemic racism and the excessive use of force and other violations of international human rights law against Africans and people of African descent by law enforcement officials around the world.

The mandate of this international mechanism of independent experts is for three years, and is clearly defined in nine tasks, among them is “making recommendations on the way in which national legal regimes use of force by law enforcement agents may conform to applicable human rights standards.” In addition, its means of action include country visits and inclusive outreach and consultations with States, directly affected individuals and communities, and other stakeholders.

Last December, it was learned that the mechanism was made up of Judge Yvonne Mokgoro from South Africa, Tracie L. Keesee from the United States and Juan Méndez from Argentina. One of their next missions, according to the resolution of the Human Rights Council, is that, together with the High Commissioner for Human Rights, they write two separate reports annually and present them to the Human Rights Council as of its 51st session, scheduled for take place between September and October of this year. This in the framework of an interactive dialogue in which priority is given to the participation of the people and communities directly affected, including the victims and their families.

Situation in Latin America

In Latin America, racism and racial discrimination are structural and persistent problems, with diverse manifestations and consequences that have their roots in the slavery imposed by European colonialism. The recent visibility of police brutality, episodes of racial profiling, systemic violence against people of African descent, and their impunity, are proof that these evils are still latent in society in the 21st century.

Given this reality, the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance (CIRDI) is configured as a powerful tool to combat these problems. This Convention was adopted by the OAS General Assembly on June 5, 2013, thus becoming the homologous convention of the International Convention on the Elimination of Racism and Racial Discrimination (CERD) of 1965, the first international instrument of universal scope from which the fight against racism and racial discrimination was prioritized, and of which the 35 member states of the OAS are part of.

To date, only six countries in the Americas (Antigua and Barbuda, Brazil, Costa Rica, Ecuador, Mexico, and Uruguay) have fully adhered to the CIRDI, that is, they have signed and ratified it. Meanwhile, seven other countries (Argentina, Bolivia, Chile, Colombia, Haiti, Panama, and Peru) have only signed it, so the instrument is not yet binding in those States. Race and Equality, through the CIRDI 2024 campaign “Towards a region free of racial discrimination”, has proposed to promote the ratification and implementation of the CIRDI in most of the countries that make up the OAS.

Regarding the CERD, the CIRDI contains innovative provisions, such as placing the definition of the term “racism” in a legal instrument, as well as establishing that acts of racial discrimination can occur in both the public and private spheres, while the CERD limits these facts only to the private sphere. The CIRDI also contemplates the creation of an Inter-American Committee for the Prevention and Elimination of Racism, Racial Discrimination and All Forms of Discrimination and Intolerance. This Committee’s mission is to monitor the commitments assumed in the Convention, serve as a forum for the exchange of ideas and experiences, make recommendations to the member states, and receive reports from the States on compliance with the obligations of the Convention. However, the establishment of this Committee is subject to 10 countries ratifying the Convention, which has not yet happened.

Relevance of the CIRDI for Colombia and Brazil

In Colombia, the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance began its ratification process through the presentation of the Bill for its approval on December 16, 2021. This Convention could mean a substantial contribution to the construction of peace in Colombia with its ratification. In particular, the CIRDI would be a living legal instrument that would provide support and strengthening to the existing legal framework, especially in the recognition of racism and racial discrimination as structural phenomena that have sustained disproportionate and differentiated affectations against the black, afro-Colombian raizal, and palenquera population.

People of African descent suffered the disproportionate impacts of the armed conflict in Colombia. According to the Unit for Comprehensive Care and Reparation for Victims (UARIV), 1,177,120 Afro-Colombian people have been registered as victims in the Single Registry of Victims (RUV) to date. The Final Peace Agreement recognized the disproportionate impacts against Afro-Colombian communities, especially through the inclusion of the Ethnic Chapter, whose purpose is to generate maximum guarantees for the full exercise of human rights of ethnic communities in the country. In this sense, it points out that the Peace Agreement must be interpreted considering the existing international, constitutional, jurisprudence and legal framework, including, for example, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).

The ratification of the CIRDI implies that the countries make modifications in their legislation to adapt to the principles and mandates of the Convention, so its ratification in Brazil in February 2021 opened a new scenario for anti-racist discourse and activism in the country, where 55% of the population is Afro-descendant. However, at the same time, an important challenge is configured, which is to guarantee its effective implementation. At Race and Equality, we have acquired the commitment to provide technical assistance to both civil society and the State so that the CIRDI becomes a reality in Brazil.

Notably, police brutality accounts for a large proportion of the murders of Afro-Brazilian men and women, including Afro-transgender women. The Brazilian Forum of Public Security documented that “the mortality rate in 2019 due to police interventions was 183.2% higher for Afro-descendants than for whites.” Along the same lines, the Brazilian Public Security Yearbook documented that Afro-descendants are the greatest victims of police lethality; in 2019, 79.1% of the victims of police interventions were Afro-descendants, while 20.8% were white.

We see then that, both at the universal level and at the inter-American level, there are strengthened and innovative mechanisms for the defense and protection of the rights of the Afro-descendant population. This is, without a doubt, a great step towards the elimination of racism and racial discrimination, since for this there has been a process of reflection and evidence of the causes, manifestations, and consequences of these evils in different areas of society. We are now faced with the task of appropriately and effectively implementing these instruments. Such a mission not only corresponds to the States as responsible for the adherence and implementation of the mechanisms, but from civil society and from the international community there must be the responsibility to follow up on these processes.

At Race and Equality, we firmly believe that these new mechanisms, added to those that have existed for several years, represent an opportunity to make visible and improve the human rights situation in the region, in the short and medium term. Therefore, we reaffirm our commitment to continue strengthening the capacities of civil society organizations so that they undertake advocacy and monitoring processes in the adoption and implementation of these instruments. In the particular case of the CIRDI, we call on States to ratify and implement this important Convention in terms of human rights, as well as activists and organizations to establish strategic routes to influence the ratification and implementation of the Inter-American Convention against Racism in their respective countries.