October 2000
WCAR Think Papers
A
joint project of Human Rights Documentation Center (HRDC),
International Service for Human Rights (ISHR) and South Asia Human Rights
Documentation Centre (SAHRDC)
One of the most useful features of international efforts to address human rights issues is the ability to induce States to undertake important tasks they might not otherwise do alone or without political pressure behind them. The collection of national statistics on racial discrimination appears to be an issue conducive to that form of international coordination and encouragement. Mr. Michael Banton, Member of the Committee on the Elimination of Racial Discrimination, stated in his Background Paper for the WCAR: “Only by conducting research into its incidence and publicizing the findings is it possible to generate support for the enactment of laws against discrimination. Governments may believe that they have enough problems already without commissioning research that will stir up new ones, so international bodies have a special function in seeing that the true facts are brought to light.”[1]
At the WCAR, the issue of researching and collecting national
statistics on racial discrimination may be raised in different discussions such
as those on economic, social and cultural rights and strengthening
the Committee on the Elimination of Racial Discrimination (CERD). In terms of the former, statistical research
on the impact of racial discrimination often concerns the social and economic
conditions of different racial groups.
The methods of modern statistical analysis are particularly effective in
measuring socio-economic indicators such as: access to health care, employment
opportunities and levels of education.
It is in this regard that political support for international efforts to
collect data on racial discrimination can advance the agenda of those especially
interested in addressing economic, social and cultural rights in the context of
racial discrimination. The results of
such data-collection projects would also likely help such agendas by raising
political awareness on the extent and impact of systematic and de facto racial
discrimination including discrimination by private actors and
organisations. Combating racial
discrimination against specific groups -- such as the Roma -- would also be
helped in this regard. For example, in
evaluating the Government of Hungary’s periodic report, CERD stated: “The Committee recommends increased attention to the protection of
the [Romas'] civil, political, economic, social and cultural rights. The
efforts to implement measures of affirmative action in that respect should be
strengthened. Adequate indicators and other means of monitoring the economic
and social conditions of this group should be developed.”[2]
In terms of strengthening CERD itself, the ready availability of data on racial discrimination would improve the Committee’s ability to evaluate country conditions and, in particular, help compensate for the lack of information provided by States Parties. For years, CERD has been engaged in a tooth-pulling exercise with a number of States in its effort to obtain sufficient information on the situation of racial minorities and indigenous groups. The ready availability of country racial statistics would help CERD considerably in performing its periodic review of States parties and evaluating, in relative terms, disparities between countries and regions.
At the WCAR, NGOs should encourage States to institutionalise the collection of race-related statistics at an international level. Some have already suggested that the WCAR should be used to establish a unit within the Office of the High Commissioner for Human Rights to monitor racism and xenophobia. That initiative might be tied to the effort to collect data on racial discrimination. Specifically, the recording and publication of statistics on the existence and impact of racial discrimination could be considered as one of the principle responsibilities of that unit.
Whether or not momentum gains for establishing such a unit, NGOs can also call on the United Nations in general, or one of its specialized sub-divisions, to maintain a regular account of statistics on racial discrimination world-wide. A model for this type of statistical accounting is the United Nations Development Programme’s (UNDP) Human Development Index. The UNDP has recently consciously taken account of human rights concerns and has also maintained a Gender-related Development Index. However, an analogous Race-related Development Index does not exist. Admittedly, in the context of measuring racial statistics, the UNDP’s model may need to be expanded or otherwise adapted to deal with particular concerns involved. To account for racial discrimination, statistics could be collected to evaluate economic empowerment, educational and employment opportunities, racial bias of immigration authorities and disparate treatment within national criminal justice systems – to name just a few possibilities.
Independent of internationally coordinated efforts, the WCAR can
also focus attention on each State’s responsibility to record and study
statistics on racism. The collection
and evaluation of data concerning the existence and effects of racial
discrimination might be considered an obligation if those practices are
viewed as a precondition to understanding and eliminating racial
discrimination. Some precedents exist
in support of this proposition. For example, in 1997,
CERD criticised the United Kingdom’s “continuing failure to incorporate
questions relating to the racial or ethnic origin of persons in the Northern
Ireland population census questionnaires” and noted that “the identification of
minority groups and the analysis of their civil, political, economic and social
status are a precondition” to identifying and solving the impacts of racial
discrimination.[3] Similarly, in 1999, the Special Rapporteur
on Racism criticised the United States for not including Arab-Americans in some
of its most important governmental reports on racism.[4]
Admittedly, in an effort to help
States conduct comprehensive studies, the OHCHR’s advisory services and technical cooperation programmes may need to be
expanded. This would assist States
which have less financial resources available or experience in performing such
studies. The issue of States’
responsibilities or obligations to record and monitor racial discrimination can
therefore also be addressed at the WCAR in the context of discussing the need
for greater financial commitments to advisory services and technical
cooperation.
Fighting racism is difficult if one does not know the scope and consequences of the existing problems. States, in many instances, do not want to know. Exposing the disturbing levels of racial discrimination in one’s country creates political pressure to remedy the problem. However, if the WCAR is genuinely committed to fighting racism, these issues of global monitoring of racial discrimination must be on the table. They should be reflected in the draft Declaration and Programme of Action and receive ample consideration at the meeting in South Africa.
[1] E/CN.4/1999/WG.1/BP.6, para. 20.
[2] A/51/18, para. 126.
[3] CERD/C/304/Add.20, para. 16 (23 April 1997) (Concluding Observations/Comments).
[4] E/CN/.4/1999/15, para. 136. As a side note – the fact that the United Kingdom and the United States have been negligent in this regard is evidence that “financial considerations” are not the only reasons States might resist such an initiative.