Such effects can arise from the discriminatory application of otherwise non

Such effects can arise from the discriminatory

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do. Such effects can arise from the discriminatory application of otherwise non racist measures or the design of seemingly non racist measures. In addition, even when the application of a given policy is not overtly racist, its design may also lead to a disproportionate impact. In this respect I would like to refer to the Concluding Observations of the CERD which stated that even well-intentioned or neutral policies may directly or indirectly have negative or undesired effects on race relations. Furthermore, during my country visits, I have faced situation where legal affirmative action measures in the area of housing allowing for different treatment on the grounds of race or ethnic origin had actually detrimental effect on the equality programmes. 5
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Racial structural discrimination can therefore be the result of past historical injustices perpetrated against individuals of specific ethnic or racial group. As I stated in my reports to the Human Rights Council (A/HRC/11/36) and to the General Assembly (A/64/271) last year, historical injustices, such as slavery, slave trade, segregation, apartheid and other forms of exclusion, served not only to dehumanize people, but also to create structural imbalances that still persist these days. Long after these formalized racial discrimination were dismantled, the inequalities that were created continue to have a disadvantage or disproportionate effect on the human rights of individuals of specific ethnic and racial group. Indigenous peoples, Roma and other minorities groups, as well as people of African descent inter alia, remain particularly affected by this historical legacy, notably in the areas of health, housing, employment, education, administration of justice, as well as political representation within the political process and empowerment. In this context, I would also like to emphasize the vulnerability of migrants. Indeed, racism, racial discrimination, xenophobia and related intolerances, they may suffer should also be considered while addressing the issue of structural discrimination. Indeed, I have noticed during several of my country visit, that the national action plan against racism did not address indirect or structural discrimination against persons with a migration background. I would therefore recommend that particular attention should be paid to their situation. 6
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As to the recommendations: First, I would suggest States members to address the root causes of structural racial discrimination, through a comprehensive approach that will enable this phenomenon to be addressed in all its dimensions. While doing so, States must bear in mind their central legal obligation to non discrimination. Indeed it is the obligation of States to ensure that all individuals and groups of individuals do not suffer any forms of racial discrimination, racism, xenophobia or related intolerance, including, and particularly structural racial discrimination. States have in this respect a positive obligation to take all necessary measures to prevent and eliminate such phenomenon.
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