Afro-Descendants

Questionnaire on the Situation of People of African Descent in the Americas

Questionnaire for States

This questionnaire has been prepared with a view to collecting information that might account for the situation, problems and challenges faced by people of African descent in the Americas. The information received will be systematized and examined by the Rapporteurship on the Rights of Afro-descendants and against Racial Discrimination (“Rapporteurship”) of the Inter-American Commission on Human Rights (“IACHR”) in a thematic report aimed at identifying the main difficulties faced by people of African descent in the region and promoting the implementation of international standards, in order to assist States in the adoption and execution of policies that undertake to effectively ensure and protect the rights of persons of African descent.

Since the creation of its Rapporteurship, in 2005, the IACHR has examined the situation of people of African descent in the Americas, developed jurisprudence and identified certain priority challenges that Afro-descendants face in the Hemisphere. In this context, the drafting of this thematic report is part of a project developed by the IACHR, with the financial support of the European Union, to promote ethnic and racial equality and protect the rights of people of African descent.

On December 18, 2009, the United Nations General Assembly adopted Resolution A/RES/64/169, which proclaimed 2011 the “International Year for People of African Descent,” with a view to strengthening national measures and regional and international cooperation for the benefit of people of African descent in relation to the full enjoyment of their human rights. Moreover, the OAS General Assembly adopted, on May 8, 2010, Resolution AG/RES. 2550 (XL-O/10): “Recognition of the International Year for People of African Descent.”

In this context, the initiative to prepare a regional report stems from the interest and the renewed commitment of the IACHR, particularly through its Rapporteurship, to shed light in the situation of vulnerability and discrimination against persons of African descent in the Americas. Therefore, the IACHR considers that this report will positively and substantially contribute to promote the protection and guarantee of the rights of people of African descent. Additionally, this report will allow the IACHR to comply with the mandate requested by the OAS General Assembly in operative paragraph 6 of Resolution AG/RES 2606 (XL-O/10) “Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance.”

The Inter-American Commission invites States to respond to this questionnaire and provide, to the best of their ability, the most complete information related to the objective of this report. The information received might be shared with relevant actors that provide assistance in drafting the report. Responses to the questionnaire will be received until June 30, 2011 at the following address:

Inter-American Commission on Human Rights
Organization of American States
1889 F street, NW
Washington DC 20006

[email protected]

[email protected]

 

Questionnaire

Please provide updated information regarding the following:

  • 1. General information with respect to the Afro-descendant population:
    • A. Is “Afro-descendant” one of the categories used in conducting a census or other mechanisms for collecting statistical data about the population?
    • B. Percentage of the Afro-descendant population within the national population.
      Percentage of the Afro-descendant population, including disaggregated data about men and women, girls and boys.
    • C. Geographic distribution of the Afro-descendant population in the country.
  • 2. Situation of human rights of the Afro-descendant population, taking into account the gender perspective, with differentiated information concerning the experience of men and women:
    • A. With respect to access to justice and judicial guarantees, the Commission is seeking information concerning:

      i) Are there legal or constitutional provisions prohibiting racial discrimination?

      ii) Is there data on complaints about cases of racial discrimination?

      iii) Is there jurisprudence from national or state courts about cases of racial discrimination?

      iv) Obstacles faced by Afro-descendants in seeking access to judicial protection and guarantees.

      v) Instances of alleged or proven police violence or excessive use of force related to racism.

      vi) Identify examples of stereotypes, racial profiling, or racially discriminatory patterns in criminal prosecution or sentencing.

    • B. With respect to the right to work, the Commission is seeking information concerning any obstacles faced by Afro-descendants in the process of employment applications and/or promotions. Moreover, the Commission aims at receiving information about obstacles faced by the Afro-descendant population concerning the right to adequate housing, education and health.
    • C. With respect to the right to participate in government, the Commission is seeking information concerning any obstacles faced by Afro-descendants to participate in political activities and/or have access to public service.
  • 3. Legislation regarding the adoption of policies for the promotion of equality or affirmative action laws regarding the Afro-descendant population.
  • 4. With regard to public policies adopted by States to combat racial discrimination, taking into account the gender perspective, the Commission seeks information concerning:

    i) Agencies and/or organisms created to address racial discrimination issues. Is there any mechanism available to guarantee civil society participation?

    ii) Human and financial resources given to those entities.

    iii) Evaluate the effectiveness of those bodies.