Demand Catalogue

Chapter I: Introduction & Core Demands

1. Recognition as a Group affected by Racism

People of African Descent and Black Europeans are one of the largest minorities in Europe and highlighted as being particularly vulnerable to racism across the European Union. Estimates from the United States Congress suggest that approximately 7,000,000 to 10,000,000 individuals of African Descent currently live in Europe, building on a long history in these countries.

People of African Descent and Black Europeans (PAD & BE) across Europe face a specific form of racism, which severely inhibits their full enjoyment of human rights. We demand a recognition of the situation of PAD & BE in accordance with:

  • CERD’s General Recommendation No 34 on People of African Descent
  • the findings of the UN Commission for Human Right's Working Group for People of African Descent (E/CN.4/2003/WG.20/WP.3)
  • ENAR’s findings on Black Europeans and People of African Descent in Europe (2012).

We further demand that PAD & BE be recognized as affected by a specific form of racism across the European Union. Such recognition is the necessary basis for all legal and policy attempts to reduce the effects of racial discrimination against PAD & BE across Europe.

2. Data Collection

Due to divergent classification and census systems across EU member states[1], there is no complete data - nonetheless the dismal effect of racism on PAD & BE across Europe is apparent. Updated, coherent, reliable and comparable data on PAD & BE across Europe is crucial to inform policies aimed at reducing racism and racial discrimination. We demand that such data be collected in collaboration with representatives from the relevant communities, on a voluntary basis, in accordance with the right to informational self-determination and in full respect of data protection standards including the anonymized processing of data. In the absence of broad-based diversity modeling in census data of some member states, targeted quantitative and qualitative studies need to be conducted. Such studies are fundamental to ascertaining the human rights situation of PAD & BE across Europe. This is imperative especially in areas where structural racism against PAD & BE has been identified, specifically with regard to the political participation, social and economic inclusion of PAD & BE,  their access to goods and services, education and health care as well as their treatment by law enforcement and security agencies. Such targeted data collection and analysis must be carried out in regular intervals across member states, with the mandatory inclusion of representatives of targeted communities in the conceptualization, implementation and analysis of such studies.

3. Adoption of an European Framework for PAD & BE

As the PAD & BE are especially affected by structural racism, we demand that the European Commission proposed to the adoption of the Member States, an EU Framework for national inclusion strategies of PAD & BE. The adoption by the Member States of the European Framework for National Roma Integration Strategies (NRIS) in June 2011 marked a first step towards a European comprehensive and targeted strategy and the recognition of the specific obstacles needed to be tackled by Member States. Similarly, the specific problems faced by People of African descent in Europe implies that existing legal instruments do not address adequately this problem and must be reinforced by a comprehensive effort on the part of policy makers and civil society to tackle the specific form of racism affecting them and promote their full inclusion. A targeted EU strategy with targeted policies and actions will enable to address the distinctive difficulties faced by people of African descent. While keeping a universal and generalist approach to anti-racism, it is important to recognize that PAD & BE faces specific discrimination that also requires specific actions.

Chapter II: Employment

The employment sector marks an essential cornerstone to combat racism and defines means of participation in all sectors of society. In all European member states, PAD & BE face discrimination in the employment sector leaving them unemployed or underemployed and thereby wasting human resources. A report by the Swedish government in 2014 for example showed that more than 24 % of Afro-Swedes were unemployed[2].

Hence, we demand:

1. To install and uphold affirmative action practices such as quotas in public institutions on all job levels (top to down) with a mandatory representation of no less than 20 % of People of Color and PAD & BE as stated in ECRI General Policy Recommendation No. 14 Art. 5[3]. Gender equality, disability, religion as well as representation of people identifying as LGBTIQ must be considered, when enacting affirmative action.

Chapter III: Justice

Racial Profiling

Racial Profiling is not merely a national, but a European phenomenon. Although Racial Profiling has been declared unlawful not only by some courts of EU member states (e.g. The Koblenz Case in Germany) but also by the Human Rights Committee (Rosalind Williams Lecraft v Spain Human Rights Committee A/64/40), still the practice is ongoing. Many courts are even unwilling to investigate the issue when brought forth to the courts as in France in October 2013.

Definition:

Racial Profiling regarding People of African Descent & Black Europeans (PAD & BE) refers to the discriminatory practice by law enforcement officials of targeting individuals without concrete and reasonable justification based on the individual's race, skin color or other ascription of characteristics perceived as African features.[4] This process of racialization plays a central role on all levels of society.

Hence, we demand:

1. To combat racial profiling by enforcing mandatory anti-racist training[5] for all personnel in law enforcement. Within these efforts PAD & BE groups must be included, thereby building on CERD/C/GC/34 para. 41[6].

2. To provide technical support, training and funding to PAD & BE civil society groups to combat racism, discrimination and inequality and to uphold basic fundamental rights.

3. To put in place independent commissions of inquiries to investigate the reasons behind the disproportionate incarceration and partial sentencing of PAD & BE.

4. To put in place proportional representation of most groups affected by racism and discrimination in independent investigation bodies that need to be created.

5. To revisit judicial cases in which any suspicion of unjust punishment based on “race” has occurred. Sentences and/or punishment should be readjusted to the same level of punishment in comparable cases in which lower sentences have been given. Cases should be revisited by an independent commission of inquiry as stipulated in point 3.

6. To make the application of anti-discrimination law mandatory to all national state institutions.

Hate Speech & Hate Violence

When it comes to hate speech, national legal systems tend to focus on freedom of speech while neglecting the discriminatory character and the human rights violation of racist insults. Hate crimes with a racist bias are often not recognized by investigating authorities, or not recognized as an aggravated factor. Many Black communities in Europe demand protection against racist crimes, deterrent punishment and prosecution of such crimes. Adequate compensation for victims of hate crimes is also a very important issue.

Definition:

PAD & BE are with disproportionate frequency the victims of hate speech and hate violence. In most European countries, the N-word as well as blackfacing are not challenged in the public sphere. Hence, there is hardly no penalization of hate speech and hate violence in regards to these incidents.

The N-word, which can be found in many local variations in each European national context, was invented as part of colonialism and has therein embedded the concept of racist domination. Therefore, the N-word, no matter in which European language, refers to the dehumanization of Black people. The denial of this relation is systematic and demonstrates the unwillingness to deal and acknowledge the continuity of past and present racism and its effects on today’s Black population in Europe.

Another form of violence that is constantly reproduced in the public sphere throughout Europe is the so called blackfacing. Blackfacing is based on the mockery of Black people by painting ones face Black and thereby ridiculing Black facial features - often lips are painted red and/or afro wigs are worn.

Hence, we demand:

1. To penalize all use of derogatory language, images and actions linked to the transatlantic slave trade and Black enslavement under the according national & European law, based on CERD/C/GC/34 para. 28. & 29[7] and 2000/43/EC, Art. 2  para. 3[8].

Chapter IV: Asylum

Most European citizens are only too familiar with the images of boat catastrophes and the death of refugees in the Mediterranean on their way to reach Europe. Most ignore, however, that European asylum policies contribute to the number of deaths by restricting safe passageways and criminalizing the people trying to help in situations of life and death. Our demands address the most pressing issues that are the ones that further endanger human lives in their thousands. As one would expect, the diversity of political and societal positions, that you would find anywhere, is also reflected in the formulated demands. The following demands are highly necessary, but not sufficient and just addressing the most urgent and immediate steps that need to be taken:

Hence, we demand:

1. The immediate elimination of harmful border infrastructures, e.g. razor wires, electrical fences and other devices causing "bodily" harm as well as harmful actions and/or practices such as pushback capsizing ships and similar dangerous and/or harmful practices, including the criminalization of rescuing activities.

2. For Asylum seekers to have the freedom to choose which country they seek asylum in within the EU irrespective of the country of arrival, and to have the option to apply to any other country if their case has not been fairly treated, according to the standards established by criteria defined by refugee and asylum seekers organizations, according to Council Directive 2003/9/EC Article 13[9].

3. The end of Dublin II, and that asylum seekers are not deported to the first country where they were seeking asylum from if they cannot provide a standard of life and their Human Rights, as emphasized in the Judgment of the Court (Fifth Chamber) of 19 April 2007 – Commission of the European Communities v Hellenic Republic (Case C – 72/06), OJ 96/16 of 28 April 2007[10].

4. Within the term of three months of an application for asylum, member states shall grant an applicant's access to labor market, if a decision on first instance has not been taken within the three months of the presentation of an application for asylum, then this delay cannot be attributed to the applicant. Applicants in each member state shall be automatically granted access to the European labor market, until a decision on asylum is reached.

5. However asylum seekers at any stage of their asylum application shall not be kept from initiating and/or self-employment and/or starting their own business without restrictions.

6. Humanitarian assistance to asylum seekers and migrants in emergency situations must be compulsory. All forms of assistance to migrants including juridical advice must be granted by law[11], as stated in the United Nations Convention on the Law of Sea Article 98.

7. The creation of a public fund for information purposes destined to PAD & BE grassroots movements pertaining to issues surrounding migrations and asylum.

8. Protection of the family should be included for all people seeking asylum and/or in the asylum process irrespective of age. The concept of family is broader in many African societies than in the European context, therefore this should be taken into account to protect families from being separated.

Chapter V: Civic Education

Civic education[12] is uniquely positioned to disseminate knowledge to people regardless of their level of education, attainment, age, profession and social position. Consequently, the continuance of racist and colonial images in civic education is especially harmful to the (self-) image of PAD & BE. One example which emphasized natural Black features as “uncivilized” is the 2011 Nivea’s multinational advertisement “Re-Civilize Yourself”. Another example of civic education being used to perpetuate colonial references, can be seen in street names found throughout European cities today, which still honor colonial rulers, highlighting colonial continuances.

Civic education remains a key medium for facilitating human rights education as stated in E/C12/1999/10/para.1[13]. Civic education institutions, activities and funding must therefore be revised in order to facilitate human rights in education, specifically the empowerment right of knowing about one’s human rights.

Therefore, we demand:

1. That the message of enjoyment of human rights, especially social and cultural rights, be emphasized for PAD & BE.

2. That EU funded educational, media and social media campaigns must target specific groups identified as being deprived of the full enjoyment of their human rights, thereby taking into account the CERD/C/GC/34 para. 32[14].

3. That all PAD & BE communities, who are identified as being deprived of the full enjoyment of their human rights, must be ensured adequate representation as both the disseminators and receivers of civic education. Within the institutional framework of civic education such representation should be implemented on all levels of society as stated in CERD Art. 2 para 1e[15] & Art.7[16], CESCR Art. 13 para 1[17].

4. That in the context of civic education, it must be ensured that all racist and anti-Black content, such as that found in games, children’s songs, festive traditions, performances, etc. be replaced  with images, references, names and opinions which convey the message of the inherent dignity and equality of all human beings as stated in CERD/C/GC/34 para. 61[18].

5. That awareness of the continued contribution of PAD & BE to Europe’s economic, public and cultural life, must be raised. The European Commission should establish a fund to support public programs, education and scholarships on and for PAD & BE across all member states, as suggested in CERD/C/GC/34 para. 66[19] & 4(c)[20] & 32[21].

6. That public media must be obliged to include programming and content which provides human rights education especially regarding “empowerment rights”. In coordination with PAD & BE organizations, media institutions must 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, as highlighted in CERD/ C/GC/34 para. 32[22].

Chapter VI: Institutional Education

The International Student Assessment (PISA) study sets its focus on "how" to teach young students and "how" to improve the situation. Considering the situation of students of African Descent, we have shifted the perspective of "how" to teach to "what" is being taught and "what" should be thought. Racist terms such as the N-word, racist and stereotypical images are commonly used in educational books from the kindergarten to higher education in countries such as Germany, Austria, the Netherlands or Sweden.

In addition a deformed predominantly white and male ‘his’tory is taught in schools, encouraging racism, sexism and discrimination.

Therefore, we demand:

1. Removal of the N-Word in all material used for educational purposes (publications, school books, children’s books, academic literature, etc.) from kindergarten to higher education, as advised in CERD/C/GC/34 para. 61[23] and ECRI General Recommendation No. 10 Art. II para.2 d, f, g [24].

2. Introducing an appointed person in every public and civic institution (e.g. schools, government institutions, etc.) that has an educational duty for the staff, and also functions as a contact person for people (e.g. staff, pupils, students, teachers, civil servants, etc.) who are victims of racism. A person of African Descent should be involved in the selection of the appointee, or should be the appointed, drawing from Council Directive 2000/43/EC, Art. 7, para. 1 [25]& 2[26] and Article 11, para. 1[27].

3. Protection from all kinds of racism and racist attacks (physical, verbal, institutional) within the institutions of the educational system as well as the recognition that the experience of racism is a factor that affects performance in the educational trajectory as stated in CERD/C/GC/34 para. 7[28] and CERD/C/GC/34 para. 62[29]

4. Removal of racist and stereotypical images and content, derogatory terms directed towards PAD & BE from all educational materials. They should be replaced with materials free of stereotypical or derogatory images of Black people and people of African Descent as suggested in CERD/C/GC/34 para. 61[30].

5. In consultation with civil society groups (e.g. experts) of PAD, the school curriculum should at all appropriate levels include content about the history, cultures and achievements of PAD in order to depict a global historical reality as advised in CERD/C/GC/34 para. 66[31].

6. School literature and textbooks should be revised from an African centered a decolonial perspective building on CERD/C/GC/34 para. 32[32].

7. Founding of interdisciplinary Africana studies departments for research and curriculum development at the major universities and higher education institutions with a focus not limited to European colonial history and the transatlantic enslavement of Africans and Black enslavement and its aftermath as stated in Council Directive 2000/43/EC / Art. 11, para. 2 [33] and explained in CERD/C/GC/34 para. 7[34].

8. Recognizing the structural obstacles people of African Descent face in the educational system and countering this through affirmative action measurements in order to guarantee an active partaking of PAD & BE in the production of knowledge at universities and research institutes implementing CERD, Art.1 para 4. [35]and CERD/C/GC/34 para. 25[36].

 

Initial Signing Parties

This demand catalog was drafted during European Network Meeting in Berlin, February 13 – 16, 2014 by representatives of the following organizations:

Initiative Black People in Germany (ISD) – Germany

European Network Against Racism (ENAR) - Belgium

Ebony Cultural, Arts and Human Rights Organisation – Hungary

Pan African Movement for Justice – Sweden

ENAR Sweden - Sweden

Institute for African Studies - Slovenia

ENAR Slovenia - Slovenia

Les Indivisibles - France

ENAR Hungary - Hungary

Centro Panafricano y Centro de Estudios Panafricanos - Spain

Asante - Greece

Black Dutch Movement - Netherlands

International Institute of Scientific Research - Netherlands

Prendiamo la Parola - Italy

African Empowerment Center - Denmark

New Urban Collective - Netherlands

Cross Culture International Foundation (CCIF) – Malta

Fondation Frantz Fanon – France

Pan-African League-Umoja – Spain

PAMOJA - The movement of the young African diaspora in Austria – Austria

Central Council of the African Community - Germany

Africa Council Berlin Brandenburg - Germany

Pan African Women's Empowerment and Liberation Organisation (PAWLO e.V.) - Germany

Co-signing Parties

Co- signing organizations supporting the demand catalog are:

The African Union- African Diaspora Sixth Region (AUADS) - Germany

Fight Racism Now (FRN) - Sweden

The English International Association of Lund - Sweden

African Platform - Belgium

Working Group Panafricanism - Germany

Human Rights Cosultancy - Netherlands

Afro-Swedish National Association - Sweden

Operation Black Vote - UK

AFROTAK TV cyberNomads - Germany

Muticultural Centre - Sweden

LesMigraS - Antidiscrimination and Antiviolence work Area of the Lesbenberatung Berlin - Germany

Reni Eddo-Lodge, Black Feminist Writer - UK

Sharon Dodua Otoo, Author & Editor, Germany

 


[1] ENAR Fact Sheet on People of African Descent 2012 : http://cms.horus.be/files/99935/MediaArchive/publications/FS%20People%20of%20African%20Descent_final.pdf

[2] Swedish report on Afrophobia : http://mkc.botkyrka.se/wordpress/wp-content/uploads/2014/02/Afrofobi-20140203-executive-summary-engelska.pdf

[3] “With a view to ensuring full equality in practice, adopt legislation permitting positive action and promote and provide clear guidance on positive action measures in employment which prevent or compensate for disadvantages linked to the enumerated grounds

[4] Drawing from ECRI’s General Recommendation No. 11 section I para. 1 and 3:  “1. To clearly define and prohibit racial profiling by law;  For the purposes of this Recommendation, racial profiling shall mean: ‘The use by the police, with no objective and reasonable justification, of grounds such as race, colour, language, religion, nationality or national or ethnic origin in control, surveillance or investigation activities’; 3.To introduce a reasonable suspicion standard, whereby powers relating to control, surveillance or investigation activities can only be exercised on the basis of a suspicion that is founded on objective criteria;”as well as CERD/C/GC/34 para. 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.”

[5] Intercultural trainings are not a sufficient substitute for anti-racist trainings.

[6] “Organize training programmes for public officials and law enforcement agencies with a view to preventing injustices based on prejudice against people of African descent.”

[7] “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 of violence against them; ensure prompt action by the police, prosecutors and the judiciary for investigating and punishing such acts; and ensure that perpetrators, be they public officials or other persons, do not enjoy impunity.” and “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.”

[8]“Harassment shall be deemed to be discrimination within the meaning of paragraph 1, when an unwanted conduct related to racial or ethnic origin takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In this context, the concept of harassment may be defined in accordance with the national laws and practice of the Member States.”

[9] “2. Member States shall make provisions on material reception conditions to ensure a standard of living adequate for the health of applicants and capable of ensuring their subsistence. Member States shall ensure that that standard of living is met in the specific situation of persons who have special needs, in accordance with Article 17, as well as in relation to the situation of persons who are in detention.”

[10] “for its failure to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2003/9/EC of 27 January 2003, laying down minimum standards for the reception of asylum seekers”

[11] “Duty to render assistance: 1. Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers:

(a) to render assistance to any person found at sea in danger of being lost;

(b) to proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected of him;

(c) after a collision, to render assistance to the other ship, its crew and its passengers and, where possible, to inform the other ship of the name of his own ship, its port of registry and the nearest port at which it will call.

2. Every coastal State shall promote the establishment, operation and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and, where circumstances so require, by way of mutual regional arrangements cooperate with neighbouring States for this purpose”

[12] “In its broadest definition, ‘civic education’ means all the processes that affect people's beliefs, commitments, capabilities, and actions as members or prospective members of communities. Civic education need not be intentional or deliberate; institutions and communities transmit values and norms without meaning to.” as defined by the Stanford Encyclopedia of Philosophy, http://plato.stanford.edu/entries/civic-education/.

[13] “Education is both a human right in itself and an indispensable means of realizing other human rights. As an empowerment right, education is the primary vehicle by which economically and socially marginalized adults and children can lift themselves out of poverty and obtain the means to participate fully in their communities. Education has a vital role in empowering women, safeguarding children from exploitative and hazardous labour and sexual exploitation, promoting human rights and democracy, protecting the environment, and controlling population growth. Increasingly, education is recognized as one of the best financial investments States can make. But the importance of education is not just practical: a well-educated, enlightened and active mind, able to wander freely and widely, is one of the joys and rewards of human existence.”

[14] “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.”

[15] “Each State Party undertakes to encourage, where appropriate, integrationist multiracial organizations and movements and other means of eliminating barriers between races, and to discourage anything which tends to strengthen racial division.”

[16]  “States Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnic groups, as well as to propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and this Convention.”

[17] “The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.”

[18] “Review all the language in textbooks which conveys stereotyped or demeaning images, references, names or opinions concerning people of African descent and replace it with images, references, names and opinions which convey the message of the inherent dignity and equality of all human beings.”

[19]  “Include in textbooks, at all appropriate levels, chapters about the history and cultures of people of African descent and preserve this knowledge in museums and other forums for future generations, encourage and support the publication and distribution of books and other print materials, as well as the broadcasting of television and radio programmes about their history and cultures.”

[20] 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 as appropriate, the following specific rights: (...) The right to the protection of their traditional knowledge and their cultural and artistic heritage.”

[21] “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.”

[22] ib.

[23] “Review all the language in textbooks which conveys stereotyped or demeaning images, references, names or opinions concerning people of African descent and replace it with images, references, names and opinions which convey the message of the inherent dignity and equality of all human beings.”

[24] “d) by removing from textbooks any racist material or material that encourages stereotypes, intolerance or prejudice against any minority group

f) by revising school textbooks to ensure that they reflect more adequately the diversity and plurality of the society, and include, to this end, minority groups’ contribution to society

g) by revising school textbooks to ensure that they reflect more adequately the diversity and plurality of the society, and include, to this end, minority groups’ contribution to society.”

[25] “Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate conciliation procedures, for the enforcement of obligations under this Directive are available to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.”

[26] “Member States shall ensure that associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive.”

[27] “Member States shall, in accordance with national traditions and practice, take adequate measures to promote the social dialogue between the two sides of industry with a view to fostering equal treatment, including through the monitoring of workplace practices, collective agreements, codes of conduct, research or exchange of experiences and good practices.”

[28] “The Committee observes that overcoming the structural discrimination that affects people of African descent calls for the urgent adoption of special measures (affirmative action), as established in the International Convention on the Elimination of All Forms of Racial 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 the meaning and scope of special measures in the International Convention on the Elimination of All Forms of Racial Discrimination..”

[29] “Ensure that public and private education systems do not discriminate against or exclude children based on race or descent.”

[30] “Review all the language in textbooks which conveys stereotyped or demeaning images, references, names or opinions concerning people of African descent and replace it with images, references, names and opinions which convey the message of the inherent dignity and equality of all human beings.”

[31] “Include in textbooks, at all appropriate levels, chapters about the history and cultures of 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 and other print materials, as well as the broadcasting of television and radio programmes about their history and cultures.“

[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] “Where consistent with national traditions and practice, Member States shall encourage the two sides of the industry without prejudice to their autonomy to conclude, at the appropriate level, agreements laying down anti-discrimination rules in the fields referred to in Article 3 which fall within the scope of collective bargaining.

[34] “The Committee observes that overcoming the structural discrimination that affects people of African descent calls for the urgent adoption of special measures (affirmative action), as established in the International Convention on the Elimination of All Forms of Racial Discrimination (ar s. 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 the CERD/C/GC/34 GE.3 meaning and scope of special measures in the International Convention on the Elimination of All Forms of Racial Discrimination.”

[35] “Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved.”

[36] “Recognizing the particular vulnerability of children of African descent, which may lead to the transmission of poverty from generation to generation, and the inequality affecting people of African descent, adopt special measures to ensure equality in the exercise of their rights, in particular corresponding to the areas that most affect the lives of children.”