COMMISSION ON HUMAN RIGHTS BEGINS DISCUSSION ON RACISM, RACIAL DISCRIMINATION AND XENOPHOBIA

Commission on Human Rights
MORNING
22 March 2004


Special Rapporteur on Racism, Chairpersons of Working Groups on People
of African Descent and Implementation of Durban Declaration, Present Reports


The Commission on Human Rights this morning began its discussion on racism, racial discrimination, xenophobia and all forms of discrimination, hearing the Special Rapporteur on racism and the Chairpersons of the Working Groups on people of African descent and the implementation of the Durban Declaration present their reports.

Doudou Diene, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, spoke of the alarming resurgence and vitality of the traditional forms of discrimination, and the appearance of new forms of discrimination affecting the non-national, the refugee and the immigrant. The alert status was at red, he said, with regard to racism, racial discrimination and xenophobia. His reports concerned field missions to Canada, Colombia, Côte d’Ivoire, Guyana and Trinity and Tobago.

Peter Lesa Kasanda, Chairperson-Rapporteur of the Working Group on people of African descent, said stereotyping and racial profiling were identified as urgent problems needing urgent resolution by Governments and other stakeholders. It was recognized that the media’s role in promoting the human rights of people of African descent was vital, as in all areas the media could serve as a vehicle for prejudice, hatred and stereotypes, hereby perpetuating a negative image of people of African descent.

Juan Martabit, Chairperson-Rapporteur of the Working Group on the effective implementation of the Durban Declaration and the Plan of Action, urged States to provide the necessary funds and international cooperation to achieve the Millennium Development Goal for primary education for all by 2015. States were also urged to keep in mind the link between poverty and racism and to structure their development policies to ensure the inclusion of minorities and vulnerable populations.
Bertrand Ramcharan, acting High Commissioner for Human Rights, briefly addressed the Commission, saying that the Office of the High Commissioner gave great importance to the work of the Special Rapporteur and would continue to provide him with all possible support.

Taking part in the interactive dialogue with the Special Rapporteur were Guyana, Canada and Côte d’Ivoire, speaking as concerned countries, as well as Pakistan, Cuba, Ireland, Canada, and India. Topics raised by the delegations in this context included the rise of Islamophobia, the expression of racism and racial discrimination on the Internet and the consequent transmission of these modes of thought on a far wider basis than was previously possible.

During the general debate on racism, representatives of Mexico and Ireland focused on the issue of education. Mexico said education was a particular tool for combating racism, racial discrimination and xenophobia, and human rights education in particular would help to promote tolerance in a world made up of multi-cultural societies both at present and in the future. Education, at all levels and ages, including within the family, in particular human rights education, was a key to changing attitudes and behaviour and to promoting tolerance and respect for diversity in societies, said Ireland.

Another topic raised by delegations, including those of Pakistan, Egypt, and Saudi Arabia, was the issue of Islamophobia, which, in the wake of the events of 11 September 2001, had grown considerably, with Muslims and Arabs becoming frequent victims of discrimination in the context of anti-terrorist measures. The increasing tendency in some societies to discriminate against, in particular Islam, by attempting to associate it with negative phenomena with which the modern world was plagued, such as terrorism, was viewed with concern by these delegations and others, who pointed out that Islam was a religion of peace which advocated tolerance, mutual aid and solidarity.

Representatives of Pakistan, Egypt, China, the United States, Ireland, Cuba, Saudi Arabia, and the Republic of Korea spoke during the general debate on racism.

At the beginning of the meeting, the Commission heard statements from a number of non-governmental organizations before concluding its general debate on the issue of the right of peoples to self-determination and its application to peoples under colonial or alien occupation. The following non-governmental organizations contributed statements: International Indian Treaty Council, European Union of Public Relations, Al-Haq, Indian Movement Tupaj Amaru, International Institute for Peace, Afro-Asian Peoples Solidarity Organization; International Youth and Student Movement for the United Nations, World Muslim Congress, Foundation for Aboriginal and Islander Research Action, Federation of Associations of Defense and Promotion of Human Rights, Federation of Cuban Women, Women’s International Democratic Federation, and World Peace Council.

The United States of America exercised a right of reply.

The Commission will continue its debate on racism, racial discrimination, xenophobia and other forms of discrimination when it meets at 3 p.m. this afternoon.

Statements on the Right of Peoples to Self-Determination

SARA MENDOZA, of International Indian Treaty Council, said no substantial progress had been achieved in the Working Group on the draft Declaration on Indigenous Peoples since there were Governments in the Working Group that were opposed to the adoption of the Declaration. These Governments, mainly from the North, wished to establish rules to declare first and second class peoples, and Indigenous Peoples rejected that, as there was no international legislation establishing this, and the right to self-determination was the backbone of all the other articles for indigenous peoples, who were denied this right. This denied their existence as peoples. There were many Governments who favoured the adoption of the Declaration, but also had laws in their own countries to that effect. The Commission should urge Governments to adopt this right, and extend the mandate of the Working Group to enable it to finish its work.

SHAUKAT ALI KASHMIRI, of European Union of Public Relations, said that the lack of application of the basic principles of self-determination had had a profound impact on the lives of 15 million subjugated and exploited people living in the territory of Jammu and Kashmir. With regard to the area under Pakistani control, he said that in remote, inaccessible areas away from the gaze of the international community, the security forces and secret intelligence agencies of Pakistan continued to violate the human rights of the unfortunate inhabitants of these areas with impunity. The nationalist feelings of the region’s inhabitants had been suppressed. Pakistan’s real agenda was to bring about the accession of the area to Pakistan through fraud. Parties which supported independence and denied the accession of the region to Pakistan had been denied participation in elections. Public investment in infrastructure, health and sanitation was pitiable. The misery of the people had been compounded by the activities of the Pakistani military-intelligence establishment, which had made the region a safe haven for international terrorists.

ANNE MASSAGEE, of Al-Haq, said the right of the Palestinian people to self-determination had been a concern of the United Nations for more than fifty years and scores of resolutions had been passed to uphold that right. Yet the reality on the ground made clear Israel’s rejection of its obligations. Since the outbreak of the al-Aqsa intifada, thousands of Palestinian and hundreds of Israeli lives had been lost in a seemingly endless cycle of violence. The Palestinian people wanted peace, but it was impossible without the recognition and implementation of their fundamental right to self-determination. No political solution to the conflict could be built upon the rejection of Palestinian rights. The international community was called upon to implement the commitments that had been made for Palestinian self-determination.

LAZARO PARY, of Indian Movement "Tupaj Amaru", said that on the pretext of finding weapons of mass destruction, the Anglo-American coalition had attacked the people of Iraq, in violation of the right of peoples to self-determination. They had bombarded and rocketed the people of Iraq in defiance of international norms. Their actions violated the dignity of the Arab people. Whatever the pretext of their aggression and occupation of Iraq, it could not be justified and their action was illegal and illegitimate. The occupants only reacted in their own hegemonic interests. The people of Iraq had the inherent right to self-determination and they had to decide on their own. The United States designation of some countries as an "axis of evil" could generate a spiral of violence and aggression.

SHARMA U.S., of International Institute for Peace, said the principle of self-determination was rooted in the belief that people had a right to fashion their own destiny. It was a democratic ideal which inspired the movements against colonial rule by oppressed people, facing the denial of basic human rights, at the hands of non-representative and alien rulers. It was unfortunate that today the concept was being usurped in the pursuit of political and strategic objectives. Self-determination or, in other words, true democracy could not flourish under the shadow of a military uniform, and nothing could negate the denial of basic human rights that resulted from the imposition of tailored democracy.

SHAUKAT HUSSAIN BALOCH, of Afro-Asian People’s Solidarity Organization, said the right to self-determination of peoples under colonial or alien domination or foreign occupation to freely determine their political status and freely pursue their economic, social and cultural development was recognised by the United Nations, although there were a number of oppressed peoples in different parts of the world struggling against conditions similar to, if not identical with, colonial or foreign domination or occupation. What was needed was a creative and contemporaneous interpretation of the right to self-determination, which would help to substantially fulfil the genuine aspirations of subjugated nationalities throughout the world by providing them with the necessary political-legal space within which to freely determine their political status and pursue their economic, social and cultural development unhindered.

HAMED MOHAMED CHEIKH, of International Youth and Student Movement for the United Nations, said the right to self-determination had made it possible for the majority of the planet’s people to free themselves from the yoke of colonialism. However, this right had yet to be extended to the Saharoui people, whose territory had been occupied by Morocco since 31 October 1975. The POLISARIO Front had made great efforts to show itself open to resolving the issue. The Saharoui people had made huge sacrifices and suffered the horrors of a long exile. They could not resign themselves to an indefinite status quo that only served the interests of those occupying their territory and profiting from its riches.

MUHAMMAD FAROOQ REHMANI, of World Muslim Congress, said that it was a fundamental and inalienable right which lay beneath the remarkable events in recent history including the liberation of Baltic people, the unification of Germany and the independence of East Timor. However, it was indeed unfortunate that conflict-ridden areas like Chechnya, Palestine and Kashmir continued to make a mockery of the international covenants, which lent credence to the non-derogable right to self-determination. The illegal Indian annexation of the State of Jammu and Kashmir was a history of broken promises and continuing brutal repression on the part of a succession of governments in a country which boasted of being the largest democracy in the world. There was no dearth of evidentiary support to negotiate those hallow claims. A host of restrictive law and widespread violations of international humanitarian law in the form of a brutal repression and state terrorism were singularly aimed at forcing the people of Kashmir to abdicate their internationally acclaimed right to self-determination.

LES MALEZER, of Foundation for Aboriginal and Islander Research Action, said indigenous peoples had the right to self-determination, and yet, despite nearly ten years of consideration in the Working Group on the Draft Declaration on the Rights of Indigenous Peoples, the participating States had not been able to reach consensus on this article. The Aboriginal People of Australia had been subject to colonial domination for approximately 200 years, and the Commission should act to unreservedly assert the rights of the Indigenous Peoples to self-determination, and to finalise the Declaration. Australia should respect the self-determination of the Aboriginal Peoples.

JOSE ANTONIO GIMBERNAT, of Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos, said the Western Sahara peace plan had been blocked by the Government of Morocco, which refused the holding of a census and referendum as a precursor to self-determination. With regard to the situation in the camps of Tindouf, the status quo – a situation of neither war nor peace – had increased the despair of the people. The European Union and the United Nations had not done enough to force the Government of Morocco to resolve the solution. In the occupied territories, the Moroccan authorities restricted the freedom of circulation and association of the Saharoui people. Fifteen people who had intended to participate in the work of the Commission on Human Rights had been detained, their passports and tickets confiscated, and they had yet to be released and refunded.

CAROLINA AMADOR, of Federation of Cuban Women, said that perhaps never before had the right of people to self-determination been more important than at present. The hegemonic powers were attempting to fracture territories and defended the right to self-determination only within terms of their own interests. Under the pretext of an anti-terrorist war, the United States had invaded Iraq. The Cuban women also felt the suffering of Palestinian families. Cuba had repeatedly denounced the violations of its right to self-determination and had been the victim for more than 40 years of invasions and the genocide blockade brought by the United States administration against it. Cuba also continued to claim the return of the base at Guantanamo, whose occupation represented a violation of the right of self-determination. Finally, the Cuban women also demanded the freedom of the five Cubans who were imprisoned in the United States for defending the right to self-determination of the country.

SANDRA AGUILA, of Women's International Democratic Federation, said the terrorist transgression of 11 September had stamped the beginning of a sad era where peace and world security were in serious danger each day. The United States without taking into consideration the United Nations and its Security Council, had launched an attack on the right of people to self-determination, recognized as one of the fundamental principles of the public international right. The Member States of the United Nations, responsible for the UN Charter and its application, could not stand quietly in front of that violation of the United States. The United States had accused Iraq of the violation of the resolutions of the United Nations, expressing that they had weapons of mass destruction, and using that argument they had declared a war without sense against that country. However, how many resolutions of the Security Council had not been implemented and continued to be unfulfilled? The Israeli Government made fun of all the resolutions of the Council and of the Commission. Israel had intensified its repression against the Palestinian people. The Federation supported the demands of the international community for a just and immediate pacific solution and the founding of an independent and sovereign Palestinian State.

SHABIR CHOUDHARY, of World Peace Council, said recognition of the right to self-determination was particularly important in order to create conditions under which individual human rights could be appropriately protected and promoted. Denial of this right was in fact denial of all other human rights, since it was through this right that people could give meaning to other political, social and cultural rights. A Government that exercised control over foreign people would pursue policies to further its own interest, and that was likely to undermine rights and interests of the indigenous people. The citizens of Jammu and Kashmir were unfortunate people who had been denied this basic human right to determine their own future, and elections could help to remedy this situation.

Documents on Racism, Racial Discrimination, Xenophobia and All Forms of Discrimination

As it begins its consideration of the agenda item related to racism, racial discrimination, xenophobia and all forms of discrimination, the Commission has before it a number of reports, including one on combating defamation of religions (E/CN.4/2004/16), which provides summaries of the contributions received from Governments in response to a request for information on the implementation of Commission on Human Rights resolution 2003/4 in which the Commission called upon the High Commissioner to promote and include human rights aspects in the Dialogue among Civilizations. It also contains a summary of relevant information contained in other reports submitted to the present session of the Commission. Replies from Governments include ones from Morocco and Chile. It details steps taken by the mechanisms of the Commission on Human Rights, as well as those taken by the Office of the High Commissioner for Human Rights.

There was also a report of the United Nations High Commissioner for Human Rights on the comprehensive implementation of and follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (E/CN.4/2004/17 and Add. 1-3), which contains information on activities by States, special procedures of the Commission on Human Rights, United Nations bodies and specialized agencies, international and regional organizations, national human rights institutions and non-governmental organizations to implement the Durban Declaration and Programme of Action.

Its first addendum contains the report of the Seminar of Experts for Eastern Europe on the Implementation of the Programme of Action adopted at the World Conference, including an exchange of ideas on how to move forward. The seminar, organized by the Office of the High Commissioner for Human Rights and hosted by the Government of the Czech Republic, was the third in a series of regional expert seminars aimed at providing a forum for reflection on ways and means of implementing the provisions of the Durban Programme of Action in a way that would cause tangible improvement in the lives of the victims of racial discrimination. Thirteen experts had presented papers on the themes of the rights of persons belonging to national, ethnic, religious and linguistic minorities, the Roma and xenophobia.

The second addendum contains the report on the Regional Seminar for Western States on Implementation of the Durban Programme of Action, convened in Brussels from 10 to 12 December 2003 as a follow-up activity to the World Conference. Thirteen experts were invited to submit and present papers on various aspects of ways to move forward in eliminating discrimination at the national and international levels. The seminar was also attended by representatives of States Members of the United Nations, United Nations bodies and specialized agencies, national human rights institutions and recommendations touching upon discrimination in general; institutional responses to eliminate racial discrimination; educational and public information programmes to promote tolerance and respect for diversity; equality and diversity in the workplace; responses to discrimination against non-citizens; and the development of national plans of action to combat racism.

The third addendum to the report contains the report of the Regional Workshop for the Adoption and Implementation of Affirmative-Action Policies for People of African Descent in the Latin American and Caribbean Region, held in Montevideo from 7 to 9 May 2003. The conclusions contained within the report concern the development and adoption of affirmative action or positive actions and strategies as a means of overcoming inequalities experienced by people of African descent and include concrete recommendations for poverty reduction, development, land ownership, access to employment, participation in public life, discrimination and the law, torture and the excessive use of force, health, education, cultural identity religion and housing. Expressing the need to incorporate affirmative action into domestic policies, the report urges States to produce socio-economic indicators disaggregated by race in areas such as education, health, the labour market, income distribution, poverty and demography, among other recommendations.

There is also a report, submitted by Chairperson-Rapporteur Peter Lesa Kasanda of the Working Group of Experts on People of African Descent on its third session (E/CN.4/2004/21), which details the organization of the session, including attendance, documentation, and organization of work; a substantive summary of the third session of the Working Group of Experts on People of African Descent; and the conclusions and recommendations of that body. The recommendations to the Commission on Human Rights reflected upon the administration of justice, the media, access to education and the organization of and participation in further sessions of the Working Group.


There is also a report on the views of the Independent Eminent Experts on the implementation of the Durban Declaration and Programme of Action (E/CN.4/2004/112), which stresses the centrality of human dignity, the respect for diversity and the importance of protection of civilians. It underlines the importance of the principle of non-discrimination in combating terrorism and highlights access to education, access to justice and awareness raising as priority areas. The eradication of poverty was also recognized as vital for the elimination of all forms of discrimination. Among other recommendations, the international community should find ways to measure racial inequalities, possibly through the development of a “Racial Equality Index” similar to the “Human Development Index”.

The reports of Doudou Diene, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, (E/CN.4/2004/18 and Add. 1 and 2) were not immediately available.

The third addendum to the report concerned the visit made by Doudou Diene, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, to Colombia. The report says that the country has adopted a Constitution and laws and created institutions that recognize and protect its ethnic and cultural diversity, guarantee human rights and lay the foundations of democracy. However, the emergence of a society based on respect for human rights and the rule of law has been seriously jeopardized by persistent and increasing violence by all the actors in the Colombian drama. Political and military violence, and the priority accorded by all parties concerned to a military solution, as well as the marginalization of respect for human rights and the systematic violation of the basic rights of the population, have led to a dramatic increase in economic and social distress. The ethnic and racial dimension of the Colombian armed conflict is also a sad reality. Among other recommendations, a political solution and improvement of respect for human rights should be sought, and a national programme to combat racism and discrimination should be established.

Statements on Racism, Racial Discrimination, Xenophobia and All Forms of Discrimination

Reports of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance

DOUDOU DIENE, Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, said the Durban Conference, by means of its holistic view, but also by means of the consensus of all the Member States participating, had given a great hope that the international community had at last found the way and the means to eradicate the scourges of racism, racial discrimination, and xenophobia. However, the alert status today was at red with regard to racism, racial discrimination and xenophobia. The least alarmist report showed the resurgence and vitality of the traditional forms of discrimination, and the appearance of new forms of discrimination affecting the non-national, the refugee and the immigrant. Several explanations for this regression in the fight against racism were possible, including doubtless the political demobilization with regard to the implementation of the Durban Plan of Action.

With regard to country-specific situations, the Rapporteur had visited Canada, which had one of the most complete and innovative judicial strategies against racism but should further elaborate an intellectual strategy that would better take into account the depth of the historical heritage of racism. For its part, Colombia had an urgent need for a judicial, social and economic strategy against racism, but also needed to construct a more democratic and egalitarian form of pluralism which would take into account the marginalization and extreme forms of violence undergone by its aboriginal inhabitants and its afro-Colombian minority. In the Ivory Coast, although there was no tradition of xenophobia, numerous acts of xenophobic violence, as well as the political and media instrumentalization of ethnicity in the current crisis were evidence of a worrying xenophobic dynamic. As for the last two countries he had visited, Guyana and Trinidad and Tobago, the Special Rapporteur said, these were the most extreme examples, with differing intensities of ethnic polarization coming from cultures of systematic political instrumentalization of ethnic and racial factors.

The Commission should note the worrying trends underlying the regression in the combat against racism. The strategy to combat racism was often reduced to the legal aspect, which, although fundamental, was limited in the long-term since it did not take into account the underlying roots of racism. The new ideological landscape was structured both by the excessive emphasis placed on combating terrorism and the inclusion of cultural and religious elements, which created cultural conflicts and new discriminatory practices aimed at many different groups. A lowering of the commitment to combating racism and racial discrimination was therefore a worrying part of the landscape.

The emergence of a new form of thought, both open and public, which justified and legitimized racism and racial discrimination, for security and defense reasons represented the rejection of ethnic, cultural or religious pluralism, and was translated into discriminatory and xenophobic practices which were more or less serious, depending on the country. Islamophobia and anti-Semitism were examples of this. Discrimination, racism and xenophobia were, more and more, becoming the consequence and the privileged form of expression of internal political conflicts. In the current context of excessive emphasis on security and isolation of identity, political instrumentalisation of identity, religion and the refusal of cultural diversity were becoming the platform for many different political parties, and there were new attempts to legitimize thus racism, racial discrimination and xenophobia.

LALESHAWAR SINGH (Guyana), speaking as a concerned country, said his Government had taken seriously the exchanges that had occurred between the Special Rapporteur and Government officials, as well as with members of civil society and other organizations. It was, however, regretted that the late distribution of the Special Rapporteur’s report meant the Government had not had the time to process the contents of the final report. However, with respect to the interim report, it took special note of the Special Rapporteur’s fourteen recommendations for the eradication of racism and racial discrimination in the country. A strengthened Guyana meant that, among others, the presence of multi-ethnic parties and the elimination of differences between ethnic groups must be ensured. The Government of Guyana assured the Commission of its commitment to submit its national report by the deadline that had been set.

In regard of the recommendation that the situation of ethnic and racial discrimination be addressed and radically revised, with all institutions becoming multi-ethnic, he acknowledged that becoming a multi-ethnic State meant that Guyana would have to promote participation and equality at all levels, including in education, government and communication. Among other steps taken to redress the situation, there had recently been an amendment to the Constitution to create an Ethnic Relations Commission, which aimed to scrutinize all governmental and local actions. It was also tasked to establish an ethnic relations tribunal which would soon hold its first hearing. Committed to strengthening democracy, including through eradicating racial intolerance and enhancing financial decision-making and transparency, the Government saw the invitation extended to the Special Rapporteur as one of its efforts to foster social cohesion. Finally, he said that an unshakeable commitment to guard against racial discrimination had been made. The challenges faced today were the direct result of the colonial legacy and the Cold War, and while history could not be ignored, the challenges were not insurmountable. The Government was determined that, with the help of its partners, it would overcome them.



PAUL MEYER (Canada), speaking as a concerned country, said that while many steps had been taken to combat racism in his country, it was clear that much remained to be accomplished. The elimination of racism, racial discrimination, xenophobia and related intolerance was considered a national priority and a central objective of the international human rights agenda. And while a strong and broad international policy framework and commitment were undoubtedly important, it was critical that concerted action be taken as well at the national and local levels. The Government remained committed to working with all Canadians and the United Nations and other international organizations to foster an inclusive and respectful society, as well as inter-cultural dialogue and understanding and to develop effective strategies for the elimination of racial discrimination.

Nationally, Canada was committed to closing the gap between its goal of substantive quality and the actual social and economic outcomes among people from ethno-racial communities, he added. Only through partnerships with different actors in society – governments, community organizations, police, religious leaders and others – could the various forms of discrimination be effectively countered. Furthermore, as Canada’s identity was directly linked to its bilingualism and multi-culturalism, the Government remained committed to policies and programmes fostering diversity; the Multi-culturalism Policy aspired to ensure that all Canadians retained their identities and pride in their ancestry, yet had a sense of belonging. The Canadian experience had shown that multi-culturalism encouraged racial and ethnic harmony and cross-cultural understanding and discouraged ghettoization, hatred, discrimination and violence.

CHRISTIAN-CLAUDE BEKE DASSYS (Côte d’Ivoire), speaking as a concerned country, said that in its attempts to respect human rights, the country had always cooperated with the various mechanisms of the Commission. Côte d’Ivoire had ratified the Convention on the Elimination of All Forms of Racism, and condemned all forms of racial and religious discrimination in its Constitution. Côte d’Ivoire took note of the facts related by the Special Rapporteur, but as he himself had recognized, the country did not have a tradition of exclusion, and had always been a country of hospitality. The facts mentioned by the Special Rapporteur, which were condemned by Côte d’Ivoire, should therefore be seen as isolated incidents, and having a more or less close link to the current crisis. Côte d’Ivoire was deeply committed to the respect of human rights and public liberties, of the dialogue between cultures and religions, and reaffirmed solemnly its commitment to remaining a welcoming land which offered hospitality to all. The recommendations of the Special Rapporteur were already being implemented. The Government of Côte d’Ivoire remained open to dialogue and to all proposals that could advance further the cause of peace.

Interactive Dialogue

MANSOOR AHMA KHAN the representative of Pakistan welcomed the study in the report of the Special Rapporteur on racism, racial discrimination, xenophobia and all forms of discrimination titled "Situation of Muslim and Arab Peoples in Various Parts of the World". The report confirmed the evidence of a spiralling trend of Islamophobia in the form of physical assaults and attacks against Muslims, in their places of worship, cultural centres, businesses and properties, as well as hostility and discrimination against Muslims in various parts of the world in the aftermath of the events of 11 September. All States should recognize the reality and seriousness of Islamophobia and take measures, including legislative and judicial measures, for its eradication.

MARIA DEL CARMEN HERRERA CASEIRO the representative of Cuba said the report reflected on the problem of racism and discrimination since the 11 September events. Such phenomenon had been on the increase, particularly in the industrialized countries. She asked about the measures the Special Rapporteur could suggest against this scourge.

MARY WHELAN the representative of Ireland, speaking on behalf of the European Union, said the Rapporteur had emphasized the importance of inter-cultural and inter-religious dialogue to end racism. Could he give some practical examples in the area? The Union was very concerned by the increasing use of the Internet as a means of disseminating racism and xenophobia. What concrete steps did the Rapporteur envisage to combat that new form of racism?

PAUL MEYER the representative of Canada said that Canada was particularly interested in considerations of the intersectionality of racism and other forms of discrimination. Canada noted that the Committee on the Elimination of Racial Discrimination had adopted a background paper affirming that many persons were suffering in a double sense as victims of accumulated discrimination: race and gender, race and sexual orientation, race and being handicapped, race and age, among other things. Canada agreed that the inter-relatedness of human rights warranted particular attention. Could the Rapporteur identify how, in the coming year, he would be examining and documenting that issue?

DEBABRATA SAHA a representative of India said that the Rapporteur had mentioned several occupations in his report about the Indian caste system. He should be aware that the Government had allocated a big amount of money to programmes designed to improve the conditions of the scheduled castes and schedules tribes. India believed that the caste system in the country was not a system of discrimination, and it had been in place for the last 3,000 years.

DOUDOU DIENE, Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, in response to the comments made, said that racism and racial discrimination were increasing all over the world, and it was a very strong, fundamental trend of our times. Despite Durban, there had not recently been any meaningful progress in combating racism. Combating discrimination could not rely only on the very fundamental, positive, political and legal frameworks of Governments. Sometimes many countries did not bear in mind that racism and racial discrimination were a vast iceberg, and beyond the visible part, the expressions, the attacks which could be solved by a political strategy, there was a deeper layer, in which racism and racial discrimination were deeply rooted as a part of the culture of the country on many different levels. The job of the Special Rapporteur was to say that the old forms of racism were still prevalent, and his role was to try to contribute to whatever solution Governments were trying to take to solve this issue.

With regard to the linkage between racism and inter-cultural dialogue, Mr. Diene said the deep root causes of the mentality of racism and racial discrimination were part of the culture of countries, and promoting inter-cultural dialogue was an important part of changing the culture that had promoted racism. Education was important in this field, as was the way in which the national identity was defined and promoted. As for the linkage between racism and other forms of discrimination, in many cases of discrimination, groups considered the discrimination of which they were victims as a unique event, and did not realize that the mentality of discrimination and racism were general and widespread, and this should be taken into account.

BERTRAND RAMCHARAN, Acting High Commissioner for Human Rights, said his Office had made substantial investments in the fight against racism and discrimination. A special unit against discrimination had been set up to follow closely the issue of racism and discrimination. The Office would continue collaborating with the Special Rapporteur on racism, racial discrimination, xenophobia and all forms of discrimination in pursuing his work.

Report of the Chairperson-Rapporteur of the Working Group of Experts on People of African Descent

PETER LESA KASANDA, Chairperson-Rapporteur of the Working Group of Experts on People of African Descent, said the third session of the Working Group had considered three key themes: administration of justice, the media, and access to education, insofar as the human rights of people of African Descent were affected in these areas. The session noted the racial injustices perpetrated by law enforcement agencies and prison authorities in the criminal justice system in North and South America, and also the racial bias faced by people of African descent and other migrants in Europe’s justice system. Stereotyping and racial profiling were identified as urgent problems needing urgent resolution by Governments and other stakeholders.

It was recognized that the media’s role in promoting the human rights of people of African descent was vital, as in all areas the media could serve as a vehicle for prejudice, hatred and stereotypes, hereby perpetuating a negative image of people of African descent. However, when properly used, the media could be a powerful tool for positive change. In this respect, emphasis was put on responsible journalism, recruitment and training programmes. Consequently, States were urged to establish press-ombudspersons or institutions as mechanisms to respond to stereotypes in the media. The media was vital in making positive contributions in the struggle for human rights for those of African descent.

Naturally, education was the bedrock on which the future of children was founded, and was the engine which drove human progress. Education without discrimination was the first step to recognizing the worth of any human being. The impediments identified were those at university level, where inbuilt structural inequalities existed. Affirmative action, including the provision of extra-investment in educational infrastructure, provided in the main the answer to increasing access to education by people of African descent.

Report of Chairperson-Rapporteur of the Working Group on the Effective Implementation of the Durban Declaration and Programme of Action

JUAN MARTABIT, Chairperson-Rapporteur of the Working Group on the effective implementation of the Durban Declaration and Programme of Action, reviewed the work of the Group, noting that pursuant to its mandate and the recommendations made during its first session, the Group had divided its work into two sections. In the first section, the Group had conducted an analysis of the two central themes of poverty and education. In the second section, it had conducted its analysis on solicited information and the interchange of points of view for the elaboration of complementary norms.

Among the recommendations made during the course of the Group’s work, he said, the need to enhance tolerance and diversity in education had been highlighted. States were urged to provide the necessary funds and international cooperation to achieve the Millennium Development Goal for primary education for all by 2015. States were also urged to keep in mind the link between poverty and racism and to structure their development policies to ensure the inclusion of minorities and vulnerable populations. In that regard, the international financial institutions were called upon to recognize the importance of integrating this perspective into their evaluations and programmes. Also, international agreements against racism should be updated as a part of the Group’s commitment to formulate the complementary norms strengthening them.

At the Group’s next meeting, its two subjects for consideration would be health and racism and racism and the Internet, he announced. In regard of the present report, he reaffirmed that the summary was his, but that the recommendations contained within the report had all been adopted by consensus, which was important given the difficult climate in which the Group had begun its work.

General Debate on Racism

ARTURO HERNANDEZ (Mexico) said racism and racial discrimination were violations of human dignity and grave violations of human rights. From the beginning the United Nations had worked hard to combat all forms of exclusion, and racism and racial discrimination came under this heading. However, the assertion that all were born free and equal had not been made a reality, and the international community faced new challenges to the harmonious living together of nations and within nations. The Durban Declaration and Programme of Action contained objectives for Nations to achieve these goals, and they should be fully implemented by all. Particular attention should be paid to the victims of racism and racial discrimination when they were women, children, migrants or other individuals. Education was a particular tool for combating racism, racial discrimination and xenophobia, and human rights education in particular would help to promote tolerance in a world made up of multi-cultural societies both at present and in the future. All rights of persons arose from the principle of equality before the law, and anything contrary to this went against the duties of States to preserve and protect the enjoyment of all human rights.

SHAUKAT UMER (Pakistan), speaking on behalf of the Organization of the Islamic Conference (OIC), noted that at the Durban Conference, the international community had unequivocally confirmed its commitment to fight racism and racial discrimination. The goal of a world free of racism and racial discrimination hinged upon the timely implementation of the Durban Declaration and Programme of Action. Thus, the Islamic countries were disturbed by their slow implementation. Areas that deserved particular emphasis included the need to focus upon the preservation of human dignity and the protection of civilians. It was also hoped that the anti-discrimination unit in the Office of the High Commissioner would make a timely contribution to the work for the elimination of racism and discrimination.

The principles of prohibiting racism and racial discrimination were enshrined in the teachings of Islam, he added, and the OIC’s official position had always been consistent with all Islamic values. The Islamic countries were concerned at the spiral of violence and racism against Muslims, and particularly against individuals of Arab descent, in many areas of the world. Despite actions by authorities to promote tolerance, instances of racial profiling continued to occur. Since 11 September 2001, Muslims and Arabs continued to be submitted to hostility and racial profiling in a number of countries and were frequently the victims of discrimination in the context of anti-terrorist measures. That situation was a shame, given the contribution made by Muslim and Arab countries to the war against terrorism. Countries practicing such policies were urged to take immediate steps to eliminate them. Finally, it was reaffirmed that all people should have the right to observe their religious identity and culture without fear of interference by Governments and authorities.

OMAR A. SHALABY (Egypt) said many countries did not attach great importance to the work of the Commission on the issue of racism, racial discrimination and xenophobia. In addition, they should implement the outcomes of the Durban Conference and other relevant international conventions on the issue. He welcomed the establishment of a treaty body on migrant workers and their families, who had long been targets of discrimination in their host countries. All States should take legal and judicial measures in order to protect people of different creeds, in accordance with the Durban Declaration and Plan of Action. The peaceful cultural diversity of a society needed a great effort on the part of States. A peaceful solution should end the situation in the Middle East. The fight against racism should also be accompanied by a fight against poverty, particularly in Africa. The Egyptian Constitution guaranteed equality of all individuals and rejected any form of discrimination. It also provided for equal opportunities for all. It rejected any form of discrimination by prohibiting the establishment of political parties based on religion or ethnic grounds. The teaching of human rights and tolerance had been part of the Egyptian educational system for many years.

LA YIFAN (China) noted that the United Nations had, since its founding, devoted much attention to the issue of eliminating racism, launching three international decades and holding the 2001 Third World Conference against Racism in Durban, South Africa. Successes since the World Conference included the public awareness raising campaigns launched by various Governments to educate their people on the need to fight racism and the improvement of relevant laws and regulations; and the establishment of the anti-discrimination unit under the Office of the High Commissioner for Human Rights and of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, as well as the Working Group of Experts on People of African Descent.

However, racism was, unfortunately, far from being eliminated. Its new manifestations, which included neo-Fascism, neo-Nazism and discrimination against foreign immigrants, had been increasing. It was believed that this phenomenon stemmed from multiple causes. First, poverty – the root cause of racism – had yet to be eradicated. Second, Western countries had failed to fulfil their due obligations; they were primarily responsible for racism historically, which continued to be the case today. It was ironic that countries, which advocated that “men were born equal”, were precisely those that kept silent on the issue of racism. They turned a blind eye to the dangers it posed and were ineffective in fighting it. The Chinese Government appealed to the international community, and to Western countries in particular, to pay adequate attention to this issue and to demonstrate courage in taking urgent and effective measures to eliminate it.

HAI VAN HA (United States) said the fact that the United States took seriously the discussion on eliminating racism had been demonstrated by the election of Ralph Boyd to the Committee on the Elimination of Racial Discrimination, which constituted a credit to the man responsible for implementing United States domestic policies to ensure that no ethnic backlash occurred after the 11 September terrorist attacks.

Like any other ethnic group, the Vietnamese refugees that came to the United States after the fall of Saigon had worked to overcome obstacles such as language barriers, he said. They had striven to be part of the country’s social, cultural and political fabric, and the first generation had been quite successful. The Vietnamese refugees who sought freedom in the United States had been welcomed, as previous refugees and immigrant ethnic groups had been. Increasingly colour-blind and pluralistic, the United States had not only offered him opportunity, but a chance to promote human rights within the framework of an active non-governmental organization. In conclusion, he reaffirmed that the United States continued to be one of the most open societies in the world and took seriously all forms of discrimination. While it was not a perfect country, it did – as a democracy – do its best to uphold the principle that all men and women had been created equal and should be treated so.

MARY WHELAN (Ireland) said today discrimination on the grounds of race, colour, descent, national or ethnic origin was still prevalent and widespread. Often it was compounded by multiple or aggravated forms of discrimination, and these phenomena were among the root causes of many internal and international conflicts, and the consequent forced displacement of populations. Stability and peace required respect for human rights and tolerance, as well as respect for diversity, which was a prerequisite for the advancement and welfare of humanity at large. The fight against all forms of discrimination required the involvement of civil society; the adoption of national legislative and administrative measures to combat racism and discrimination could not be overemphasized. Education, awareness raising and training were vital in that respect, and education, at all levels and ages, including within the family, in particular human rights education, was a key to changing attitudes and behaviour and to promoting tolerance and respect for diversity in societies. International, national and regional action against racism, racial discrimination, xenophobia and related intolerance and all their abhorrent forms and manifestations was a priority, and all should concentrate on turning their attention to moving forward together with practical steps in this global fight.

MARIA DEL CARMEN HERRERA (Cuba) said her country reiterated its will to support all actions carried out in order to boost the implementation and put into effect the proposals contained in the Durban Declaration and Plan of Action. Likewise, Cuba would continue supporting steadfastly the efforts aimed at the drafting of complementary rules in order to fill the existing void in the international instruments in that field. Cuba would also continue emphasizing the need to have the transatlantic slave trade declared a crime against humanity and that the descendents of the victims of such criminal practice, as well as the victims of colonialism and genocidal exploitation applied against the indigenous peoples, receive the reparations and compensation they deserved, as a pending act of historic justice. The international community was witnessing the worrisome re-emergence and consolidation of racism, racial discrimination and xenophobia in various parts of the world, especially in the countries of the industrialized North.

The most critical case, reflecting a persistent picture of mass and flagrant violation of human rights, was that of the United States. No other country showed a more illustrative case of systematic institutionalization of racism, including all aspects of the political, economic, social and cultural life. African-Americans represented 13 per cent of the country's total population; however, they accounted for 49 per cent of inmates in national prisons. The number of African-American women arrested was 8 times higher than that of white women. African-Americans accounted for over 40 per cent of death row inmates. The number of African-Americans executed for killing white victims was 15 times higher than the number of whites executed for killing African-Americans. In the wake of the criminal terrorist attacks of 11 September, hundreds of people were subjected to arbitrary arrests, incarceration and inhuman treatment due to their physical aspect or Arab or Muslim origin. The international community could not turn a blind eye to human rights violations of such magnitude.

Abdulwahab Abdulsalam ATTAR (Saudi Arabia) said Islamic values and principles stressed the importance of respect for human rights, regardless of ethnic origin or belief, and rejected racial intolerance that led to racist practices against others. There was deep concern at the increasing tendency in some societies to discriminate against religious beliefs and, in particular, against Islam, by attempting to associate it with negative phenomena such as terrorism with which the modern-day world was plagued, in total disregard not only of the fact that Islam was a religion of peace that advocated tolerance, mutual aid and solidarity, but also the fact that terrorism, far from being promoted by a single religion, nation or race, had Muslim as well as non-Muslim victims. In reality, insofar as such attempts constituted discriminatory acts against Islam as a religion and against its adherents as human beings, this should be countered and thwarted, and its proponents should not be allowed to achieve their aims and objectives, which were incompatible with the spirit of cooperation, tolerance and inter-cultural dialogue to which all aspired.

HONG JONG-KI (Republic of Korea) said the elimination of racism and racial discrimination was a fundamental element in the promotion and protection of human rights, and although the international community had engaged in an untiring effort to eradicate racism, this scourge continued to plague the world. Its root causes were closely related to intolerance, hatred and prejudice, and often led to the decay of human nature and wide scale human suffering. Discrimination and exclusion based on sex, nationality, culture, religion and language could be eliminated only through the concrete efforts of the world community. Human rights education for children and youth were important in the effort to achieve the eradication of racism and xenophobia, and the education of the younger generation was a vital step that should receive the closest attention. The education of young people about non-discrimination and respect for human rights was essential, with the goal of helping them to appreciate that all members of the human family had equal and inalienable rights, and that these differences enriched human life and civilization.


Right of Reply

LUIS ZUNIGA REY (United States), speaking in a right of reply, recalled a statement made by Secretary of State, Colin Powell, which described the rounding up of opponents to the present regime in Cuba and stated that Cuban President Castro’s irresponsible and fictitious courts had convicted and sentenced 25 individuals to years in prison. Amnesty International believed that all 25 were prisoners of conscience, thus bringing the total number of prisoners of conscience in Cuba to a total of 89. This group of dedicated men and women were serving their sentences in inhuman and unhealthy circumstances with insufficient access to medical services. It was also pointed out that the vast majority of prisoners in Cuba were black.



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