29 July 2020
Since the start of the coronavirus (COVID-19) pandemic there has been growing awareness of the disproportionate impact of the virus, and States’ measures to control it, on Black, Indigenous, and People of Colour (BIPOC), and other ethnic minorities.
The UN reports that the pandemic is disproportionately affecting racial and ethnic groups in areas such as:
- the right to health
- education
- housing
- food security and clean water
- the right to work and an adequate standard of living
- law and order and criminal justice
- trafficking and slavery
- religious discrimination.
Many countries are also seeing an increase in racist and xenophobic hate speech against racial, ethnic and Indigenous groups in relation to COVID-19.
The Black Lives Matter movement has further exposed systemic racism and xenophobia against Black and Ethnic Minorities, and the existing inequalities that create barriers to the enjoyment of basic human rights.
National Human Rights Institutions can use their unique powers to address issues of systemic racism and inequality, and hold governments to account for the impact of pandemic control measures on ethnic minorities. This includes helping to identify people or groups who may otherwise be missed or excluded, supporting the availability of accessible information to these groups, and providing feedback to authorities on the impact of control measures on communities.
The dissemination of accurate, clear and evidence-based information and the development of awareness-raising campaigns by NHRIs are effective tools against discrimination and xenophobia.
NHRIs can also conduct independent reviews, research, inquiries and investigations into the disproportionate effect of COVID-19 on racial and ethnic minorities, and provide recommendations to government on what actions to take to ensure non-discriminatory policy responses and service provision.
Using their interactions with UN mechanisms across the international human rights treaties, and the Universal Periodic Review (UPR), NHRIs can monitor states’ implementation of recommendations to address racial discrimination in all its forms, and better hold their governments to account.
Racism and the COVID-19 pandemic in the United Kingdom
There is growing evidence of the disproportionate impact of the COVID-19 pandemic on racial and ethnic minorities in the UK.
Great Britain’s Equality and Human Rights Commission (EHRC) is developing a programme to tackle entrenched race inequality, using a range of its powers. This will include updating the EHRC’s 2017 Roadmap to Race Equality, which sets out recommendations for governments on tackling race inequality in Britain across five priority areas: health, education, employment, criminal justice and housing. The EHRC is calling for government action with its recommendations, and for the implementation of a comprehensive cross-cutting strategy to address race inequality.
Also as part of this programme, the EHRC has launched its own inquiry into the impact of COVID-19 on ethnic minorities. This in-depth analysis will help to develop clear, evidence-based recommendations for urgent action to tackle entrenched race inequalities in this specific area. It will also take into account the differences and opportunities in England, Scotland and Wales. The first part of the process will be to meet race equality leaders to discuss proposals for an inquiry. The EHRC will then focus on the increasing impacts on people from different ethnic minorities and recommend the urgent action that needs to be taken.
On 15 June, the UK’s Prime Minister, Boris Johnson, announced that he will establish a cross-government commission to examine racial inequality in Britain. The Prime Minister said that the Commission on Race and Ethnic Disparities would look at:
‘all aspects of inequality – in employment, in health outcomes, in academic and all other walks of life’.
The EHRC’s Chair, David Isaac, released a statement on Twitter in response to this announcement:
‘We know the scale of the problems we face to tackle the entrenched racial inequality in our country. It is not new. Now is the time for urgent action. We need to see a clear and comprehensive race strategy with clear targets and timescales from Government. We hope this new Commission will deliver that and we stand ready to work with it.’
The announcement followed weeks of protests across the country by the Black Lives Matter movement following the killing in the US of George Floyd by a police officer. The Chair of the EHRC was interviewed on radio and TV, and his statement was covered by various print, radio and TV media outlets.
The EHRC is engaging with the government on the role and remit of this new body.
Discrimination against African nationals in China
The National African Network of National Human Rights Institutions (NANHRI) has reported a number of incidences of racial discrimination against African nationals living and working in China. According to NANHRI, videos and photos circulating on social media have shown African nationals in Wuhan and Guangzhou being evicted from rented houses with others being beaten and tortured. They have been stopped from buying goods, and from entering restaurants and hospitals, and have faced accusations of being responsible for the new ‘imported’ cases of COVID-19 in those cities at a time when there is no international travel.
NANHRI has stated that it is deeply concerned about reports of alleged eviction of African nationals from their rented apartments, discrimination and mistreatment in public, and African nationals being barred from accessing essential services like medication and purchasing critical items.
The South African Human Rights Commission (SAHRC) has also raised concerns about the allegations of ill-treatment of African nationals in China with NANHRI, including forceful testing, quarantining and other inhuman treatment in relation to the COVID-19 outbreak. The SAHRC stated:
‘The Commission echoes the call by the African Union (AU) and the South African government in urging the relevant Chinese authorities to investigate these reports and take appropriate remedial measures.’
The NHRIs of NANHRI are calling on the African States and the Government of the People’s Republic of China to:
- Investigate and establish the accuracy of these claims and bring those responsible to justice.
- Provide humanitarian assistance in the form of food and shelter to those who have been evicted, especially expectant mothers and students.
- Ensure that all African nationals have equal access to medication and the purchase of critical items in China.
- Provide assistance and reporting in case of renewed acts of discrimination.
- Raise awareness among all nationals in China of the importance of unity in fighting COVID-19 and the need for peaceful coexistence.
Discrimination against Indigenous people and people of Chinese heritage in New Zealand
The New Zealand Human Rights Commission (NZHRC), has raised concerns about a rise in racist and xenophobic language, and Chinese and Asian communities being stigmatised since the pandemic started in January. Chinese community leaders are fearful that a rhetoric of blame will encourage further xenophobia and violence. The NZHRC is in close contact with the Chinese community in New Zealand and has emphasised to government leaders the current growing challenge of racism.
Individuals from other communities, including Māori and Pacific, have noted concerns about racism during the period of lockdown. Workers from multicultural communities have highlighted the risk that racial bias may influence business decisions, and concerns about a significant increase in reports of hate speech online.
The Race Relations Commissioner, Meng Foon, actively raised these matters with the government, specifically, for government leadership to explicitly acknowledge and mitigate against racism and anti-Chinese and Asian sentiment related to COVID-19. The government responded by partnering with the NZHRC and the Office of Ethnic Communities to fund and deliver a small scale, social media campaign called ‘Racism is no joke’. Its aim is to challenge the sharing of online content that blurs the line between jokes or political commentary about Chinese people, and content that is racist or xenophobic. This campaign has now been launched, and further details can be found here.
In addition to this targeted awareness raising, the NZHRC has launched a campaign urging people in Aotearoa New Zealand to ‘give no voice to racism’. Through an online, interactive experience, ‘Voice of Racism’ aims to raise awareness of racist behaviour and the harms it causes by relaying a range of racist comments and actions alongside the feelings and inner thoughts of people experiencing them. Visit the Voice of Racism
This campaign has been funded by the Government in response to the Christchurch Mosque attacks in 2015 and to help decrease racism across the country.
During the COVID-19 pandemic, the NZHRC has issued the following advice for members of the public to help them combat racism:
1. Be an ally, model inclusion, compassion and respect for others
2. Don’t spread misinformation
3. Avoid stereotyping people or countries
4. Be an up-stander
5. Support, record and report
The Commission has also launched a campaign urging people in Aotearoa New Zealand to ‘give no voice to racism’. Through an online, interactive experience, ‘Voice of Racism’ aims to raise awareness of racist behaviour and the harms it causes by relaying a range of racist comments and actions alongside the feelings and inner thoughts of people experiencing them.
Visit the Voice of Racism
Racism during the COVID-19 pandemic and #BLM in Australia
Coronavirus has brought racism into sharper focus in Australia, since a number of racially motivated attacks relating to the pandemic have targeted Australia’s Chinese and East Asian communities.
The Australian Human Rights Commission (AHRC) has worked with government, media and community organisations to support affected communities in dealing with the increased threat of racism, while also reinforcing values around respect and dignity. To support this programme, the AHRC is developing a national framework for addressing racism, which builds on its previous National Anti-Racism Partnership Strategy. As part of this work, the AHRC is refreshing its highly successful ‘Racism. It Stops With Me’ campaign.
The AHRC has delivered in-language support to communities affected by coronavirus-related racism, and has jointly produced advertising campaigns to help communities better report racism, and to encourage bystander action. Australia’s Race Discrimination Commissioner, Chin Tan, has been working with Australia’s Special Broadcasting Service to ensure that positive stories about multicultural community contributions are highlighted. Commissioner Tan has also been interviewed widely on radio and TV, and has published several opinion pieces about racism associated with COVID-19.
Racism related to coronavirus has demonstrated that Australia’s system for monitoring racial abuse (and other hate crimes) is not sufficient. In response, the AHRC is working with police agencies, academics, human rights organisations in other jurisdictions, and with state and federal governments, to explore better systems for recording, reporting, and sharing information about racism.
While the killing of George Floyd in the US has reinvigorated the Black Lives Matter movement internationally, in Australia there has been a particular focus on the rates of incarceration and deaths in custody of Aboriginal and Torres Strait Islander people. Australia has lost 432 Indigenous people in custody since the 1991 Royal Commission into Aboriginal Deaths in Custody.
The AHRC has called for all jurisdictions to implement widespread strategies and reforms to the justice system, including:
- establishing independent complaints and investigation mechanisms for police misconduct and use of force
- ensuring appropriate monitoring of places of detention, in line with the UN Optional Protocol to the Convention against Torture and other Cruel, Degrading Treatment and Punishment (OPCAT) – including monitoring of police holding cells, transport and detention facilities
- working with Indigenous people to develop justice reinvestment programmes.
The AHRC is also working with police, social services and other agencies to address structural and systemic inequalities. Having contributed to a cultural diversity training guide for police last year, the AHRC is now engaging with police agencies to ensure that diversity training is carried out.
Australia’s Aboriginal and Torres Strait Islander Social Justice Commissioner, June Oscar, has been interviewed widely on radio and TV about Indigenous incarceration and deaths in custody. The Commissioner published an article calling for reform, in recognition that indigenous people still experience significant health inequality, and the failure to close the gap in healthcare has put them at increased risk.
Canadian Human Rights Commission - Race Pilot Project and employment equity audit
Marie-Claude Landry, Chief Commissioner of the Canadian Human Rights Commission (CHRC), has released a statement calling for all Canadians to acknowledge that anti-Black racism is pervasive in Canada. Marie-Claude Landry states:
‘Minority groups, in particular people of Asian origin, have been the victims of racist taunts, threats and intimidation in public and online, and physical violence. This is both an issue of public safety and fundamental human rights. No one should feel threatened or unwelcome because of the colour of their skin or where they are from.’
The Chief Commissioner has also released a statement about how the CHRC can tackle racism within the organisation, and how it influences day-to-day work and the services provided to Canadians. Part of this work has involved training and education on unconscious bias, religious intolerance and the roots of racism in Canadian society. The CHRC also established a Race Pilot Project to ensure greater scrutiny of complaints that allege discrimination based on race, colour or national or ethnic origin, informed by stakeholders.
The CHRC has recently announced that it will audit the representation of racialised people in the federal public service. The employment equity audit will look at the representation of racialised people in management and executive positions across Canada’s federal public service, and will focus on departments and agencies that have over 500 employees. The audit will identify key employment gaps as well as barriers to the recruitment, promotion and retention of racialised employees in management and executive positions in the federal public service. It will also identify best practices.
UN Guidance on preventing discrimination against minorities
The UN has provided a lot of guidance during the pandemic, some of which considers issues of race, and the Office of the High Commissioner for Human Rights (OHCHR) has created a web page to provide guidance in more than 20 areas, including:
- Indigenous people
- minorities
- stigmatisation, xenophobia and racism
- migrants, displaced people and refugees
- leaving no one behind.
The UN has also produced papers on racial discrimination and related topics. These cover concerns such as:
These documents also provide suggestions on how states and human rights bodies can tackle discrimination against minorities, such as:
- disseminate accurate, clear and evidence-based information and awareness-raising campaigns; these are the most effective tools against discrimination and xenophobia, which feed on misinformation and fear
- monitor incidents of discrimination and xenophobia, and responses to any incidents, which should be well publicised
- member states should put in place national action plans to combat hate speech during the COVID-19 pandemic
- collect disaggregated data to address the issue of why certain minorities have much poorer health outcomes from COVID-19
- prioritise access to free or affordable testing, medications and needed procedures, such as ventilation, for members of ethnic groups who have been disproportionately affected by COVID-19
- involve communities and their representatives and associations, in designing and implementing health programmes and projects concerning ethnic groups.
The OHCRC website has further suggestions on areas including law enforcement, access to education, the right to health, the right to adequate housing, the right to work, and religious discrimination.
*Definition of racism
For the purposes of this article, racism includes direct discrimination against an individual because of their race, colour, or national origin, and includes harassment, victimisation and indirect discrimination. It covers Black, Asian and ethnic minority groups / individuals, Indigenous people, internally displaced people, national minorities (including linguistic minorities) and migrants. It also includes discriminatory actions such as xenophobia, stigmatisation, stereotyping, exclusion and collective expulsion. In some cases it overlaps with religious discrimination, particularly if a religious group is also a race of people, or is identified as such.