Examining "colour" as a ground of prohibited discrimination in international human rights law with specific reference to the "intra-racial" colourism against persons with albinism in the Democratic Republic of Congo (DRC)

Abstract

Non-discrimination is a fundamental principle of international human rights law. As seen in several instruments, the principle is enumerated by grounds upon which differentiation is prohibited. An example of this is Article 1(1) of the International Convention on the Elimination of Racial Discrimination (ICERD), which lists “colour” as a ground of “racial discrimination”. From this article, it is not clear whether “colour” can be regarded as independent from “race”. This is problematic because black Congolese persons with albinism experience violence at the hands of their fellow black people, due to their skin colour, which is usually fair tanned as a result of the medical condition. This violence is a form of discrimination known as “intra-racial” colourism and demonstrates that “race” and “colour” are at times distinct from each other. Hence, Article 1(1) of ICERD allows such discrimination, which violates a plethora of rights including the right to life, to perpetuate with impunity. Therefore, this study firstly seeks to identify any indications that “colour” is independent from “race”. This will be done by applying the rules of interpretation as contained in the Vienna Convention on the Law of Treaties (VCLT) to Article 1(1) of ICERD. Thereafter, the study analyses practical examples of the subsuming of “colour” under the ground of “race” in the reporting cycles of the Democratic Republic of Congo (DRC) to the Human Rights Committee (CCPR). Lastly, it examines how the instruments referred to and other measures, may be used to combat “intra-racial” colourism, before setting out recommendations and the overall conclusion of the study.