Dr. Randall 2 12 09

Eliminating Racism: International Human Rights and the African American Community
Copyright 2009. Vernellia Randall. All Rights Reserved.

Eliminating Racism:
International Human Rights and the
African American Community

Vernellia R. Randall
Professor of Law
The University of Dayton School of Law

February 12, 2009


International Human Rights Standards and
Eliminating Racism

Racism and Human Rights

1945: Charter of the UN (Art. 1, par 3)

1948: UN Universal Declaration of Human
Rights (Art.1,2)

1963: UN Declaration on the Elimination of
all Forms of Racial Discrimination

1965: International Convention on the
Elimination of All Forms of Racial
Discrimination (CERD)


Convention on Elimination on
All Forms of Racial Discrimination
Article 1
Article 2
Racial Discrimination shall mean
●

any distinction, exclusion, Government Obligation to
●

restriction or preference based Eliminate Discrimination including
on race, color, descent, or requirement to review and amend/
national or ethnic origin which eliminate discriminatory policies,
has the purpose or effect of and to implement affirmative
nullifying or impairing the measures to ensure adequate
recognition, enjoyment or development and protection in
exercise, on an equal footing, of economic, social and cultural
human rights and fundamental fields.
freedoms in the political,
economic, social, cultural or any
other field of public life.

Convention on Elimination on
All Forms of Racial Discrimination
Article 3
Article 6
Racial Segregation/Apartheid
Condemned
Effective Legal Protection and
Remedies
Article 4
Article 7 Obligation to Combat
Hate Propaganda Prohibited
Prejudice and Promote Human Rights
Education including on
Article 5 All Rights Guaranteed without Treaties
Discrimination including equal
enjoyment of political, civil, economic,
social and cultural rights


CERD, Article 5
In compliance with the fundamental
obligations laid down in article 2 of
this Convention, States Parties Equal treatment before the
●

undertake to prohibit and to tribunals
eliminate racial discrimination in
Security of person and protection
●
all its forms and to guarantee the against violence or bodily harm
right of everyone, without
Political rights
●
distinction as to race, color, or
national or ethnic origin, to equality Civil rights
●

before the law, notably in the
Economic, social and cultural
●
enjoyment of the following rights: rights, including to health and
housing
Access to any place or service
●

intended for use by the general
public

Economic, social and cultural rights
under CERD Article 5
The rights to work, to free choice of The right to education and training;
● ●

employment, to just and favorable
The right to equal participation in
●
conditions of work, to protection
cultural activities;
against unemployment, to equal
pay for equal work, to just and The right of access to any place or
●

favorable remuneration; service intended for use by the
general public, such as transport
The right to form and join trade
●

hotels, restaurants, cafes, theatres
unions;
and parks
The right to housing;
●

The right to public health, medical
●

care, social security and social
services;


United States and CERD
Senate ratified it in 1994. (almost 30 years later)
●

U.S. required submit periodic report
●

– first report was due in one year (1995)
– And then every 2 years thereafter
did not make first report until 2001 (combined with 2nd and
●

3rd report)
Did not make second report until 2008 (combined with 4th ,
●

5th , and 6th report
Committee recommend making 7th , 8th and 9th report and
●

submit November 2011

Reservations
Example: not accept any obligations under articles 4
and 7 of CERD that restrict rights to individual
freedom of speech, expression and association as
protected by the U.S. Constitution.

United
Understandings
States
RUD Example: to the extent that it exercises jurisdiction
over the matters covered by the Convention . . .
[otherwise] the extent that there is state and local
government jurisdiction, the Federal Government
shall take appropriate measures to ensure the
fulfillment of CERD

Declarations
Example: Not Self-executing


Committee on the
Elimination of Racial Discrimination

publishes its interpretation of the
●
body of independent experts
●
content of human rights provisions,
known as general recommendations
monitors implementation of CERD
●

(or general comments), on thematic
examines state report and addresses its
●
issues and
concerns and recommendations
organizes thematic discussions.
●

performs other mechanisms its
●

– United States Member: Mr. Pierre-
monitoring functions:
Richard Prosper
– the early-warning
–
procedure,
– the examination of inter- In last “concluding observations to
●

state complaints and the United States”(2008), committee
noted 32 concerns and
– the examination
recommentations.
of individual complaints.

Concluding Observations of the Committee on the
United States of America
18 February - 7 March 2008

United States Asked to Report Back in One Year (2009?) on:

organise public awareness and
strengthen its efforts to combat racial ●
●

education programmes on the
profiling at the federal and state levels
Convention and its provisions, and
(item 14)
step up its efforts to make government
discontinue the use of life sentence
●
officials, the judiciary, federal and state
without parole against persons law enforcement officials, teachers,
under the age of eighteen at the time social workers and the public in general
the offence was committed, and review aware about the responsibilities . . .
the situation of persons already serving under the Convention. . . (item 36)
such sentences. (item 21)
increase its efforts . . . to facilitate the
●

return of persons displaced by
Hurricane Katrina to their homes,. . .
ensure . . . genuine consultation and
participation of persons displaced by
Hurricane Katrina. . . (item 31)


Concluding Observations of the Committee on the
United States of America
18 February - 7 March 2008

Selected Items related to African Americans

Residential Segregation: “Concerned that . . Felony Disenfranchisement: disparate impact
● ●

African American persons, are that existing felon disenfranchisement laws . . .
disproportionately concentrated in poor have on African American persons, who are
residential areas characterized by sub-standard disproportionately represented at every stage of
housing conditions, limited employment the criminal justice system. (Article 5 (c))
opportunities, inadequate access to health care
Katrina Displacement: remains concerned
●
facilities, under-resourced schools and high
about the disparate impact that this natural
exposure to crime and violence. (Article 3)”
disaster continues to have on low-income
(item 16)
African American residents, many of whom
Criminal Justice: “concern with regard to the continue to be displaced after more than two
●

persistent racial disparities in the criminal justice years after the hurricane. (Article 5 (e) (iii))
system . . . due to the harsher treatment that . . .
African American persons, receive at various
stages of criminal proceedings. (Article 5 (a))”

Police Brutality:concerned about allegations of
●

brutality and use of excessive or deadly force by
law enforcement officials against . . . African
American persons. . . (item 25)


Durban Declaration and
Programme of Action

Racism and Human Rights

1973: International Covenant on the Suppression and
Punishment of the Crime of Apartheid

1978: UNESCO Declaration on Race and Racial Prejudice

1978: First World Conference in Geneva to Combat
Racism and Racial Discrimination

1983: Second World Conference in Geneva to Combat
Racism and Racial Discrimination

2001: Third World Conference Against Racism and Racial
Discrimination, Xenophobia and Related Intolerance
(Durban Declaration and Programme of Action)


Durban World Conference Against Racism
Consisted of two “conferences”
State Parties NGO Forum
United States walked out Much of controversy
● ●

over language related to centered
Israel and reparations (see
Controversy to be
●
next slide for actual language
expected when some
in DDPA)
victim groups believe that
other victim groups are
perpetrator of their harm
and marginalization.

Durban Declaration and Programme of Action

records a commitment by States to
●
Specify that a victim-oriented
●
work together to eradicate racism,
approach is an important tool to
racial discrimination, xenophobia
eliminate racial discrimination.
and related intolerance.
Specific reference is made to
comprehensive and action-oriented
●
Africans and people of African
–
road map,
descent
offers a functional common
●
Asians and persons of Asian
–
approach to realize the principles
descent,
of equality and non-discrimination.
indigenous peoples,
–

Migrants
–

Refugees
–

Minorities
–

the Roma
–


Theme 1: Sources, cause, forms and contemporary
●

manifestations

Theme 2: Victims
●

Theme 3: Measures of prevention, education and
●

Durban protection
Declaration and
Programme of
Action Theme 4: Provision for effective remedies, recourses,
●

redress, [compensatory] and other measures

Theme 5: Strategies to achieve full and effective equality
●

Slavery and the Transatlantic Slave Trade

Acknowledge that slavery and the slave trade are a
crime against humanity and should always have been
so, especially the transatlantic slave trade and are
among the major sources and manifestations of
racism, racial discrimination, xenophobia and related
intolerance, and that Africans descent . . .were victims
African and African Descent
of these acts and continue to be victims of their
consequences; Urges States to facilitate the participation of people of
African descent in all political, economic, social and
cultural aspects of society and in the advancement and
economic development of their countries, and to
promote a greater knowledge of and respect for their
heritage and culture;


Durban Review

African Descents Meeting (?) April 16-
State Parties (April 20-24) - Purpose ●

17) or (April 18-19)
To review progress and assess implementation
DDPA
NGO Forum (?) (April 18 - 19)
To assess the effectiveness of the existing ●

Durban follow-up mechanisms and other
relevant United Nations mechanisms dealing
with racism in order to strengthen them; NGO Role in States Review (April 20 -
●

24)
To promote the universal ratification and
implementation of the International Convention Share expertise
–
on the Elimination of All Forms of Racial
– Comment on issues under
Discrimination (CERD) and proper
negotiation
consideration of the recommendations of the
Committee on the Elimination of Racial State views and Interact with
–
Discrimination; member states both in the
formal Plenary & other
To identify and share good practices in the fight
Meetings
against racism, racial discrimination,
xenophobia and related intolerance. – Educate through workshops
in “side events”
●

A Side Note: DDPA Content on Israel and Palestine
61.We are concerned about the plight of
150. Calls upon States, in opposing all
the Palestinian people under foreign
forms of racism, to recognize the need
occupation. We recognize the inalienable
to counter anti-Semitism, anti-Arabism
right of the Palestinian people to self-
and Islamophobia world-wide, and
determination and to the establishment of
urges all States to take effective
an independent State and we recognize
measures to prevent the emergence of
the right to security for all States in the
movements based on racism and
region, including Israel, and call upon all
discriminatory ideas concerning these
States to support the peace process and
communities;
bring it to an early conclusion;

0. As for the situation in the Middle
63. We recognize with deep concern the
East, calls for the end of violence and
increase in anti-Semitism and
the swift resumption of negotiations,
Islamophobia in various parts of the
respect for international human rights
world, as well as the emergence of racial
and humanitarian law, respect for the
and violent movements based on racism
principle of self-determination and the
and discriminatory ideas against Jewish,
end of all suffering, thus allowing Israel
Muslim and Arab communities;
and the Palestinians to resume the
peace process, and to develop and
prosper in security and freedom;


United States
Walked out of every Has breached its
● ●

world conference legal obligation under
CERD.
Has not participated in
●

the in implementation of
Durban Declaration and
Programme Action
Has not been a global
●

leader on the
elimination of racism

What should be the United States Role
in Global Efforts to Eliminate Racism?

How do we get the United States:
to take CERD obligations seriously?
to participate in the Durban Review?
to participate in the UN Working Group of
Experts on People of African Descent?

What is already being done? What else can we do?

Please Limit Your Comment/Question to 90 seconds.


UN Working Group of Experts on
People of African Descent

study the problems of racial
●

discrimination faced by people of
African descent living in the Diaspora
Paragraph 7 of the Durban Programme of
propose measures to ensure full and
Action specifically ●

effective access to the justice system
by people of African descent,
quot;requests the Commission on Human
Rights to consider establishing a working submit recommendations on the
●

group or other mechanism of the United design, implementation and
enforcement of effective measures to
Nations to study the problems of racial
eliminate racial profiling of people of
discrimination faced by people of African
African descent;
descent living in the African Diaspora and
make proposals for the elimination of elaborate short, medium and long-
●

racial discrimination against people of term proposals for the elimination of
African descentquot;. racial discrimination against people of
African descent


Developing programmes intended for
●

people of African descent allocating
additional investments to health Improving the human rights situation of
●
systems, education, housing, people of African descent by devoting
electricity, drinking water and special attention to their needs
environmental control measures and
promoting equal opportunities in Designing special projects, in
●

employment, as well as other collaboration with people of African
affirmative or positive action initiatives, descent, to support their initiatives at
within the human rights framework; the community level and to facilitate the
exchange of information and technical
make proposals on the elimination of
●
know-how between these populations
racial discrimination against Africans and experts in these areas;
and people of African descent in all
parts of the world; ●

address all the issues concerning the
●

well-being of Africans and people of
African descent contained in the
Durban Declaration and Programme of
Action

Working Group of Experts on
People of African Descent
holds a 5-day session every conducts country visits upon the
● ●

year. invitation of the Government, in
order to facilitate in-depth
organize its work on a thematic
●
understanding of the situation of
basis. Has examined: people of African descent
administration of
–
Has conducted visit to
–
justice, Belgium
the media,
–
Has been invited to the
–
access to education
– United Stats no date set.
racism and employment
– submits a report of the annual
●

session to the Commission on
racism and health, and
–
Human Rights, presenting its
racism and housing vis-
–
findings, conclusions and
a-vis people of recommendations.
African descent


The members of the Working Group, appointed on the basis of

equitable geographic representation, are:

- Mr. Joe Frans (Sweden)
●

- Mr. Ralston quot;Rexquot; Nettleford (larnaica)
●

- Ms. Maya Sahli (Algeria)
●

- Ms. Monorama Bisvms (Bangladesh)
●

- Ms. Mirjana Najcevska (former Yugoslav Republic of Macedonia)
●

Concerns about the Working Group

Group does not include
Lack of Permanent ●
●

Status, has been
significant portion
–
renewed for 3 years
of People of African
Lack of participation of
●
descent
State Parties,
representation of
–
International
Organizations, National slave descents
Organizations from United States
or Canada
Lack of Participation of
●

People of African
Women of African
–
Descent and African
descent
Descent NGOs


What should be African Americans Role in the
Global Efforts to Eliminate Racism? How do we
connect with other African Descent Groups involved
in the work?

How can international standards and mechanisms
help us in our struggle to eliminate racism in the
United States?

How do we get NGO's representing the interest of
African Americans more involved in the Durban
Review and the UN Working Group of Experts on
People of African Descent?

Please Limit Your Comment/Question to 90 seconds.


Resources
Convention on Elimination of All Forms of Racial Discrimination
●

(CERD), http://www.unhchr.ch/html/menu3/b/d_icerd.htm
United States Reservations, Understanding and
–
Declarations,
http://www.unhchr.ch/html/menu3/b/treaty2_asp.htm
Committee on CERD,
●

http://www.unhchr.ch/html/menu2/6/cerd.htm
–

Durban Declaration and Programme of Action,
●

http://www.unhchr.ch/html/racism/02-documents-cnt.html

UN Working Group of Experts on People of African Descents,
●

http://www2.ohchr.org/english/issues/racism/groups/african/4african.htm

Contact Information

Vernellia R. Randall
Professor of Law
The University of Dayton School of Law
300 College Park, Dayton, OH 45469-2772

Email: randall@udayton.edu Phone: 937-274-9079

Dr. Randall 2 12 09

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