The UN is preparing a draft World Declaration on People of African Descent, with the effective participation of both member states and civil society organizations. The document, dedicated entirely to the collective rights of the African diaspora, will be the first international legal instrument that promotes the conservation of their identities, ancestral territories, cultures and traditions. But why is specific legislation necessary for people of African descent? Is the general prohibition of discrimination established in international human rights law not sufficient?
The transatlantic trade in enslaved people spanned 400 years and made possible the mass deportation of African populations to North and South America, the Caribbean and Europe. As a result, the African diaspora is today spread across many countries around the world.
However, the systemic racism and inequalities that originated during the colonial period persist today: both the descendants of women and men who were uprooted from the African continent many generations ago, and Africans who have migrated more recently, face serious obstacles to access justice, decent employment and housing, quality education and health services. Likewise, the lack of significant participation of the Afro-descendant population in the political sphere of many countries demonstrates additional impediments when it comes to accessing decision-making spaces.
Therefore, it is hoped that this UN document on the rights of people of African descent will urge European countries to take concrete actions to compensate the descendants of the victims of slavery. The draft Declaration proposes, for example, that Afro-descendant communities can benefit from the treasures and underwater cultural heritage left in the galleons dedicated to the transportation of enslaved people.
Another of the main topics discussed within the framework of the future Declaration is the need to recognize the character of people of African descent in Latin America. According to several ethnic experts, these groups were not only subjected to colonial domination, but are also aware of their own identity and are organized into communities governed by ancestral customs. For this reason, they would fall within the definition of people established by the instruments of international law, and would thus be holders of the right to self-determination in the territories they inhabit. This would benefit, for example, the thousands of quilombola communities established in Brazil by Africans who escaped slavery; to the Saramaka people, who have inhabited the Amazon of Suriname since the beginning of the 18th century; or the Garifuna population, coming from the mixing of various groups originating from Africa and the Caribbean.
However, the possible international recognition of Afro-descendant peoples and their consequent right to decide their own destiny are being the subject of concern by some member states of the United Nations, due to the power to have their own government, legislation and administration that this grants. . Thus, in the process of preparing and negotiating the new Declaration, the UN will have to decide whether, like indigenous people, Afro-descendants of the Americas meet the requirements for legal consideration as a people, or if, on the contrary, their rights Collectives should not necessarily lead to autonomy over their lands, territories and resources.
Photography: 123RF
