Amnesty Lawyer Calls for Action on Durban Anti-Racism
An Amnesty International lawyer says states have failed to implement the 2001 Durban Declaration, leaving systemic racism and underfunded schools in place
According to a leading human rights lawyer. Mandi Mudarikwa, a strategic litigator at Amnesty International, says the promises of the 2001 Durban Declaration and Programme of Action remain unfulfilled, with racialized communities still facing underfunded schools and systemic inequality.
Mudarikwa's legal career focuses on using courts to challenge systemic injustice and advance human rights standards. She describes human rights as a promise of equality and access to health and education, but one that too often stays as words on paper. Her work involves strategic, precedent-setting litigation to turn those commitments into reality.
The Unfulfilled Promise of Durban
The third UN Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance was held in Durban, South Africa, in 2001. Seven thousand people from 170 countries attended. Led by Global South nations, the conference challenged the idea that human rights is a purely Western concept and recognized the historical roots of contemporary racism. It called on states to repair the lasting consequences of colonialism and slavery. The resulting Durban Declaration and Programme of Action were adopted and became foundational documents for the global anti-racism fight, despite the withdrawal of the US and Israel.
Mudarikwa states that the declaration's importance lies in moving beyond condemnation to provide a concrete plan for action. "They provide a plan for action, a commitment to confront the structures, systems and inequalities that allow racism and discrimination to persist," she said. However, she argues that those in power have not done enough to implement this plan. Committing to equality has not undone historic injustices or transformed societies. The formal adoption of equality promises did not erase the systemic underfunding resulting from decades of state-sanctioned discrimination.
Persistent Inequalities and Rising Backlash
This failure is visible in schools serving racialized communities in many countries, which Mudarikwa says continue to be underfunded and under-resourced. The promise of substantive equality has not translated into true equality or the enjoyment of rights for all. Also, she warns of a deliberate backlash. Dehumanizing language based on race, nationality, or background has gained momentum. Some now openly question whether everyone is entitled to the same human rights, adopting a zero-sum approach where one group's progress is framed as a loss for another.
This thinking intentionally pits people against each other and turns human rights into a competition, Mudarikwa argues. The struggle is now twofold: dismantling existing systems of inequality and confronting efforts to revive the racist ideologies that underpin them.
Litigation as a Tool for Change
Strategic litigation can be a powerful tool to drive change, and Mudarikwa points to the Durban documents as a vital framework for such legal action. They provide clear principles for challenging racism and help translate international commitments into arguments for national-level accountability. She cites a case from earlier this year where Amnesty International intervened in Canada. An asylum seeker was excluded from access to free childcare, preventing her from working. The Supreme Court of Canada ruled the exclusion discriminatory and unconstitutional.
This case demonstrates how the Durban framework can inform concrete legal change. However, Mudarikwa emphasizes that a court ruling is only the beginning. Real impact depends on implementation. One decision alone may not transform a system, but when combined with advocacy and organizing, each victory can contribute to lasting systemic change. Fully implemented, such decisions can dismantle the compounded effects of racism, discrimination, and xenophobia.
Mudarikwa's message, particularly to young people, is that equality requires deliberate action. It calls on everyone to challenge and dismantle the systems where inequality thrives. Progress takes time and collective effort. "It's up to us all to build the kind of world we want to live in," she concludes, envisioning a world where everyone is valued, respected, and substantively equal.
