COMMISSION ON HUMAN RIGHTS BEGINS GENERAL DEBATE ON RACISM AND RACIAL DISCRIMINATION

Commission on Human Rights
MORNING

21 March 2005


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


The Commission on Human Rights began its general debate on racism, racial discrimination, xenophobia and all forms of discrimination this morning, hearing presentations by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, the Chairperson-Rapporteur of the Working Group of Experts on People of African Descent, and the Chairperson-Rapporteur of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action.

Doudou Diène, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia, and related intolerance, cited three issues around which the Commission should focus its discussion: the rise in manifestations of racism, racial discrimination and xenophobia; the central role of identity and the importance of multi-culturalism in standing up to racism, discrimination and xenophobia; and the dynamic of the clash of cultures which underpinned this rise. Among the causes for the rise in such manifestations of racism, he listed the mainstreaming of racist and xenophobic language; the rise of racist and xenophobic groups such as neo-Nazi groups in Europe; and the rise of anti-Semitism, Christianophobia and Islamophobia.

Guatemala, Honduras, Nicaragua and Côte d'Ivoire spoke as concerned countries on the reports of the Special Rapporteur based on his visits to those States.

Presenting his report on the fourth session of the Working Group of Experts on People of African Descent, Chairperson-Rapporteur Peter Lesa Kasanda noted that three main topics had been addressed, including employment, health and housing. The rights violated included the right of all to employment and to earn a living; the right of all to the highest attainable standard of physical and mental health; and the right to adequate and affordable housing. A number of measures to redress the situation had been identified, including for Governments to harness the political will to address historical and contemporary forms of racism and racial discrimination and put in place mechanisms to fight this scourge.

The Chairperson-Rapporteur of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, Juan Martabit, also presented his report on the third session of the Group. In line with recommendations for improvement of its working methods, the Group had divided its session between segments devoted to thematic discussion, and to consideration of additional standards. The thematic segment of the last session had focused on follow-up to the Durban outcomes in terms of the Internet and health. Among the issues cited by delegations as possibly requiring the elaboration of new standards, one group had focused on the promotion of xenophobia and racial discrimination on the Internet, while another had raised the issue of multiple aggravated discrimination. A third group had stressed that the issue of key importance remained full implementation of current instruments.

Participating in interactive dialogues with Mr. Diène and Mr. Kasanda were the representatives of the Russian Federation, Canada, Luxembourg, Switzerland, Cuba, Norway, Argentina, Nepal, Libya, and China.

The Commission also began its general debate on racism, racial discrimination, xenophobia, and all forms of discrimination with speakers highlighting issues related to the continued primary responsibility of States to take measures against racism and racial discrimination at the national level, the importance of ratifying and implementing the International Convention on the Elimination of All Forms of Racial Discrimination, as well as the Durban Declaration and Programme of Action, and the importance of fully funding and supporting the mechanisms related to the fight against racism and racial discrimination.

Addressing the Commission this morning were representatives of Luxembourg (on behalf of the European Union and associated countries), Libya (on behalf of the Arab Group), Pakistan (on behalf of the Organization of the Islamic Conference), Ethiopia (on behalf of the African Group), Qatar, China, Paraguay (on behalf of MERCOSUR and associated countries), Cuba, Republic of Korea, Australia, Nigeria and Mexico (on behalf of the Latin American and Caribbean Group).

The Commission will reconvene at 3 p.m. this afternoon to continue its general debate on racism, racial discrimination, xenophobia and all forms of discrimination.

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

Under its agenda item on racism, racial discrimination, xenophobia and all forms of discrimination: comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action, the Commission has before it several documents and addenda.

There is the report of the High Commissioner for Human Rights on combating defamation of religions (E/CN.4/2005/15), which provides a brief overview of initiatives and activities undertaken by United Nations bodies and human rights mechanisms, the Office of the High Commissioner for Human Rights (OHCHR) and specialized agencies that aim at addressing the issue, and at raising awareness on cultural and religious diversity and on their positive contributions. The report notes the position of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance who has underlined that despite commitments made at the Durban Conference in 2001, discrimination rooted in colour-based racism, anti-Semitism, Islamophobia, Christianophobia and, in general, discrimination against the "other" continues on an alarming scale. He also stresses the urgent need to establish a dialectical link between cultures and religions and the building of "democratic multiculturalism".

The report notes the OHCHR's efforts to provide support to intergovernmental organizations and treaty bodies, as well as special procedures addressing the issues of religious freedom, tolerance, and dialogue among civilizations and cultures. It draws attention to UNESCO's role in pursuing the implementation of the United Nations Global Agenda for Dialogue among Civilizations with a view to encouraging and facilitating dialogue among civilizations and formulating ways and means to promote dialogue among civilizations in the activities of the United Nations in various fields. Notwithstanding efforts made by the international community to counter religious intolerance, the report further states, the Commission on Human Rights is rightly alarmed by increasing serious instances of intolerance and discrimination on the grounds of religion or belief.

There is also the progress report of the Office of the High Commissioner for Human Rights on the implementation of relevant recommendations of the second session of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action (E/CN.4/2005/15). This report contains a brief presentation of the activities carried out by the Office of the High Commissioner for Human Rights to implement the relevant recommendations of the Working Group, and notes that significant progress has been achieved in the areas of education, poverty and complementary standards emanating from the Group's second session.

There is the report of the High Commissioner for Human Rights on the possibility of the development of a racial equality index (E/CN.4/2005/17), which says such an index appears to be a potentially important tool for substantive research in terms of identifying causes and manifestations of racial discrimination in a society.

There is the report of Doudou Diéne, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance (E/CN.4/2005/18), in which the Special Rapporteur draws the attention of the Commission to the link between racism, discrimination and identity, and particularly the fact that the construction of an identity often, if not always, resulted in the creation of an enemy, the ethnic, religious or cultural isolationism of a people, the rejection and denigration of the other, the odd man out, and, in its contemporary forms, of non-nationals, refugees and immigrants.

The Special Rapporteur recommends, among other things, that the Commission and its Member States devise an intellectual strategy, in line with human rights legal instruments, for combating racism in the domain of ideas, concepts, images, perceptions and value systems. He also calls on Member States to fight more effectively, and to prosecute, organizations, which promote ideas based on the notion of racial superiority or hatred, and organizations which commit or incite acts of violence. Member States are also invited to demonstrate greater commitment to fighting racism in sport, by adopting preventive, educational and awareness-raising measures and condemning the perpetrators of racist incidents, in cooperation with national and international sports organizations.

A first addendum (Add.1) gives account of actions undertaken by the Special Rapporteur between 1 January 2004 and 31 January 2005 and also contains a summary of the replies received from Governments to his communications, as well as observations of the Special Rapporteur where considered appropriate. The countries for which replies are provided in this report are: Canada, Côte d'Ivoire, France, India, Israel, Malaysia, Nepal, Peru, Romania, the Russian Federation, Slovakia, the Sudan and Switzerland.

A second addendum (Add.2) is a report on the Special Rapporteur's mission to Guatemala in June and July 2004 to examine the situation of racism and racial discrimination in the country. Within the report, the Special Rapporteur recommends that the Government of Guatemala recognize as a priority the persistence of racism and racial discrimination against indigenous peoples and people of African origin and to evaluate the forms, manifestations and impact they have at the economic, cultural and social levels. The fight against racial discrimination in the country should include the building of a truly multicultural society, he adds.

A third addendum (Add.3) is a report of the Special Rapporteur's mission to Côte d'Ivoire in February 2004 in which he concludes that the country has no tradition of xenophobia and that Ivorian society has developed a deep-rooted multi-ethnicity and peaceful coexistence based on intercultural values. However, he feels that Ivorian society is marked by an undercurrent of ongoing ethnic and cultural tensions, which can be transformed into conflict or coexistence depending on the political, ideological or economic context, but ultimately depending on the moral outlook and practices of their political leaders. Among other things, he recommends that the authorities at the highest level should broadcast a clear message reaffirming the values of tolerance, coexistence and interaction in the collective effort to build a multi-ethic, multicultural and multi-religious society in Côte d'Ivoire. He also recommends that the Government and the Forces Nouvelles give high priority to the prosecution and trial of those responsible for acts of xenophobic violence and violations of human rights and humanitarian law.

The fourth addendum to the report (Add.4) addresses the issue of the defamation of religions and global efforts to combat racism in terms of anti-Semitism, Christianophobia and Islamophobia. It examines the situation of Muslim and Arab peoples in various parts of the world with special reference to attacks against them following the events of 11 September 2001. It provides an analysis to these three phobias and seeks to elucidate the dialectic between the specificity of each of these forms of discrimination and the universality of efforts to combat racism, racial discrimination and xenophobia. The Special Rapporteur recommends, among other things, that the Commission and Member States, in their strategies to combat anti-Semitism, Christianophobia and Islamophobia, promote respect and promotion of religions and spiritual pluralism.

A fifth addendum (Add.5) is a report of the Special Rapporteur's mission to Nicaragua in June and July 2004 in which he notes the economic difficulties confronting the country for more than two decades in the wake of internal conflicts and natural disasters affecting it. The Special Rapporteur expresses his belief that the Government of Nicaragua should listen more closely to the peoples whose objective experience of discrimination should be recognized and treated in all its dimensions – cultural, economic and social – by a national programme to combat racism and discrimination and efforts to build a democratic, egalitarian, interactive and multi-cultural society. He also calls for a greater dialogue with the leaders and people of the autonomous Atlantic regions in order to identify the economic and social areas that require priority intervention and the allocation of adequate resources.

There is also a report of the Intergovernmental Working Group on the effective implementation of the Durban Declaration and Programme of Action following its third session (E/CN.4/2005/20). The report, presented by the Group's Chairman/Rapporteur, Juan Martabit, notes that at the third session the Working Group conducted a thematic analysis of racism and health, racism and the Internet, and complementary standards. The participants to the meeting found that the single most pressing obstacle to tackling racism, racial discrimination, xenophobia and related intolerance, as well as the effective implementation of the Durban Declaration and Programme of Action, was the failure of States to implement their obligations and that concrete efforts at the national level, including by national human rights institutions, would make a substantial contribution to the fight against racism.

There is a report of the Working Group of Experts and People of African Descent on its fourth session (E/CN.4/2005/21), presented by the Group's Rapporteur, Peter Lesa Kasanda, which examines the themes of racism and employment, racism and health and racism and housing with regard to people of African descent. Overall, participants shared the same view concerning the difficulties in evaluating the extent of discrimination due to conceptual limitations and inadequacies in the collection of data. Among the recommendations laid out in the report, the Group calls on States to ensure that anti-discrimination laws are implemented in a comprehensive and practical manner in order to eliminate conditions that give rise to institutional and indirect discrimination affecting people of African descent in the public and private spheres.

There is another document (E/CN/4/2005/63) which contains the written input from the World Health Organization to the Commission concerning its initiatives and activities of relevance to the present session of the Committee, one of which includes matters pertaining to the agenda item on racism, racial discrimination, xenophobia and all forms of discrimination. The document notes that since 1999, PAHO [WHO's Regional Office for the Americas/Pan American Health Organization], has been carrying out activities on the issue of racism, racial discrimination, xenophobia and all forms of discrimination at its Headquarters and Representative Offices.

And there is the report of the independent eminent experts on the implementation of the Durban Declaration and Programme of Action on their second meeting (E/CN.4/2005/125). Within the report, the experts stress the importance of education and awareness-raising as tools for combating discrimination and confirm their determination to mobilize the international community in support of education as a central tool for developing a culture of mutual respect and tolerance among societies and groups, as well as offering an important opportunity for victims of discrimination to overcome their disempowerment. The experts also underscore the importance of taking a practical approach in the implementation of the Durban Declaration and Programme of Action.

Presentation by Special Rapporteur on Contemporary Forms of Racism

DOUDOU DIENE, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia, and related intolerance, said his reports centered around three issues which the Commission should focus on: the rise of phenomena and manifestations of racism, racial discrimination and xenophobia; the central role of identity and the importance of multi-culturalism in standing up to racism, discrimination and xenophobia; and the dynamic of the clash of cultures which underpinned this rise. The reports attempted to outline the profound causes of these phenomena, bearing in mind the singular cultural and universal nature of these causes.

Four profound causes were behind the rise of these phenomena. The first was the mainstreaming of racist and xenophobic language. It was amplified by the new technologies and the rhetoric of the media. Today, protecting the threatened national identity, defending national preference and the fight against illegal immigration were fights angled against the different. The second was the rise of racist and xenophobic groups such as neo-Nazi groups in Europe, which acted and had recourse to violence. The third was the rise of anti-Semitism, Christianophobia and Islamophobia, which was an alarming indication of the rise of intolerance. These seemed to be linked to two deep-rooted factors: the impact of the Middle East conflict, and the existence of conventional anti-Semitism. The gravity of the rise of Islamophobia had been illustrated by the fact that Islam was not only associated with terrorism, but that its believers were suspected of being dangerous elements. Christianophobia had been neglected for many years, but in some countries it was a dangerous threat to Christians. These three cultural and spiritual traditions suffered from the growth of a dogmatic secularism.

Racism, by its very resilience, was like an iceberg whose invisible part, its deep reaching basis, seemed to have kept it fertile despite all the work done, including the work of the Committee on the Elimination of Racial Discrimination. The traditional and contemporary forms of racism confirmed that identity was an important part of the phenomenon. The most virulent, deeply rooted forms of discrimination and racism lay in political parties. National identity was used as a political tool to stir up tensions where none had existed before. The Commission should pay attention to the emergence of a dynamic of conflict of cultures which was likely to amplify and entrench the reappearance of manifestations of racism and discrimination, in particular in the current context of super-determination in the fight against terrorism. It was sufficient to make one wonder whether the gravity, the depth and the universality of racism, discrimination and xenophobia, their political instrumentalisation and their intellectual legitimisation did not represent the gravest threat to democratic progress. There was a need for a structure to collect the data on this grave form of violation of human rights in order to combat it more effectively.

Statements by Concerned Countries

RAMIRO LOPEZ (Guatemala), addressing the Commission as a concerned country in response to the report of the Special Rapporteur, said the visit of the Special Rapporteur had prompted Guatemalans to consider the situation of the Mayan, Xinka and Garifuna peoples. Noting that racism operated through the structure of States, Guatemala had recognized the problem it faced and had begun to take steps to eliminate and prevent it. Also noting that there were limitations on indigenous peoples’ participation in social and political life, the country had undertaken steps to redress the situation, including the opening of fora to address indigenous rights, the establishment of a Presidential Commission to combat racism and racial discrimination, the creation within the Ministry on Education of a vice-ministry for bilingual, intercultural education, reform of criminal code to criminalize discrimination, and adoption of a law requiring that services be provided in local languages, among others.

There was also a new act on elections and political parties currently under consideration by the national congress, he noted, however, it must be acknowledged that attitudes reflecting discrimination against indigenous communities continued to exist, including in the mass media. Guatemala welcomed the Special Rapporteur’s recommendations, which were being considered by the Presidential Commission, which had begun a multi-pronged campaign to increase awareness of the cultural wealth and potential of indigenous peoples. A draft programme for elimination of racism and racial discrimination would soon be presented to the Cabinet. Faced with the challenges emphasized by the Special Rapporteur, Guatemala noted the importance of increasing the budget allocated to combat racial discrimination, strengthening the rule of law, accepting the indigenous peoples’ right to take part in social and political life, as well as combating the social inequalities they faced.

J. BENJAMIN ZAPATA (Honduras), speaking as a concerned country in response to the report of the Special Rapporteur, said the Honduran Government would take into consideration the recommendations of the Special Rapporteur with regard to the situation in the country. Honduras recognized the need to promote ethnic diversity in the society. The problem was finding resources in order to implement the programmes in that direction. The authorities had continued to implement programmes for the social integration and participation of the indigenous and persons of African origin. Honduras had made anti-discrimination part of its State policy. The country’s Constitution and other subsidiary laws prohibited any form of racial discrimination. There was also a need to promote and protect the rights of indigenous peoples and persons of African descent.

A series of measures had so far been undertaken to improve the livelihood of the indigenous and persons of African descent. There was a concern that the majority of victims of HIV/AIDS were among those minorities. Further, the present Government had been taking diverse measures towards the indigenous people, including by strengthening their fishing rights. He regretted that the Government had received the report of the Special Rapporteur in French just a few days before Christmas 2004 and had been requested to respond to it by 15 January which he said had been an optimistic dream. He suggested that the activities of mechanisms, including those of special Rapporteurs and representatives, should be revised

NESTOR CRUZ TORUÑO (Nicaragua) speaking as a concerned country in response to the report of the Special Rapporteur, said the work performed by the Special Rapporteurs of the Commission was given great importance, as it could strengthen Governmental efforts to combat the causes of human rights violations. Racism, racial discrimination and xenophobia were scourges, and Nicaragua was determined to combat them, although this was not an easy task due to various matters, including the issue of land. However, as the Special Rapporteur pointed out, important steps had been made in the campaign. Nicaragua recognised it was a multi-cultural and multilingual nation, and this had been made possible by political, judicial and normative policies. Ethnic minorities could develop their own projects in various fields. The communal ownership of communal property for indigenous peoples and communities had come into effect for certain groups. The Government had promoted financial and operational measures in this and other respects.

The unity in diversity which characterised the national culture had been reinforced in many ways, and the human rights of the minorities were being protected by the Nicaraguan Government with the support of the international community and non-governmental organizations. Even the most remote and poorest regions were being brought health, education, including in native tongues, and housing. There were many things that still had to be done to end the inequalities that were manifested through various forms of discrimination but were not the result of any Government policy.

CHRISTIAN-CLAUDE BEKE DASSYS (Côte d’Ivoire), speaking as a concerned country in response to the report of the Special Rapporteur, said that the Special Rapporteur had had the full support of Ivorian authorities during his visit to Côte d'Ivoire as well as regular contact with the press which had demonstrated that the country had nothing to hide. The Special Rapporteur had noted that Côte d’Ivoire had no tradition of xenophobia, but he had noted a dynamic between xenophobia and war. The xenophobia that he claimed to exist had not led to war. The Government had avoided falling into that trap. Côte d’Ivoire had never decided to organize the expulsion of foreign nationals from its territory. The war that began in 2002 had led to a climate of insecurity, leading some African nationals to return to their countries of origin, and prompting some Ivorians in other countries to remain there. Moreover, some Ivorians had had to flee the country seeking refuge elsewhere.

Muslims and Christians continued to live together in Côte d’Ivoire, he said. It was important to have clear points of reference when talking about xenophobia and Côte d’Ivoire. His country had great reservations about some of the allegations of violations of human rights cited in the report, particularly regarding those presented in the conditional tense. Making serious allegations against a country based on allegations of such nature was dubious. Côte d’Ivoire had been the victim of external attacks and intervention. The country wished to have its inalienable right to self-determination, independence of the judiciary and supreme rule of law acknowledged. Côte d’Ivoire was not a test case for a new kind of democracy; it was not right to impose upon it expectations that could not be met by any State in the world.

Interactive Dialogue

KRISTINA REDINA (Russian Federation) said last year the Commission, by a great majority, had supported the initiative of the Russian Federation to adopt a resolution to eradicate certain practices that contributed to the rise of racism, xenophobia and other related phenomena. This resolution had included a request for the Special Rapporteur to look into this matter and to include the information in his report, but this had not happened. It was hoped that in future the situation would be remedied and the resolution would be implemented further.

KATHERINE VERRIER-FRECHETTE (Canada) asked if the Special Rapporteur worked with other Special Rapporteurs to implement the recommendations of the special procedures. The conclusions of the Special Rapporteur were supported. Could racism be exacerbated by sexual identity and orientation, and was this an issue which the Special Rapporteur could investigate in the future?

JULIEN ALEX (Luxembourg), speaking on behalf of the European Union and associated countries, said the numerous reports of the Special Rapporteur gave a clear inventory of the different manifestations of racism and discrimination. There was a need to underscore one point and rectify the fact that religion was not one of the Copenhagen criteria. The EU shared the opinion about the need to develop greater cooperation and complementarity between the United Nations and regional organizations. With regard to specific projects on this goal, there was a need to go further into details. The report on anti-Semitism, Christianophobia and Islamophobia was very interesting, and these manifestations of intolerance were very worrying. There was a need to deal with these phenomena on an equal footing. Also, what could be done with regards to Sudan and the need for greater priority and an investigation into the conflict?

JEAN-DANIEL VIGNY (Switzerland) said the mandate of the Special Rapporteur was vitally important and should be supported. The timetable for 2005 and the visit of the Special Rapporteur to Switzerland had been proposed and a letter had been written to the Special Rapporteur in response. The report emphasised the growing importance of the intellectual fight against racism and racial discrimination, and the role of intellectuals in this context. What could civil society do in this context. With regard to secularism, was this a form of discrimination, the speaker asked.

JUAN ANTONIO FERNANDEZ (Cuba) noted that the present year marked the sixtieth anniversary against fascism and asked the Special Rapporteur to provide a list of neo-Nazi and neo-Fascist organizations, which were proliferating in rich countries, in his next report. He also asked whether the Special Rapporteur had received any complaints about, or looked into, the new phenomenon in the Western Hemisphere by which persons of African descent had increasingly been discriminated against in national elections, particularly in the United States.

ASTRID HELLE AJAMAY (Norway) invited the Special Rapporteur to become more involved in the fight against racism in sport, and requested proposals on best practices in that regard.

SERGIO CERDA (Argentina) said that, in reference to the intellectual strategy cited in the report, the Special Rapporteur should take the Durban outcome into account. Moreover, in reference to the issue of defamation, discussed in paragraph 68 of the report, he had observed that the recommendations included an appeal to religious communities. That appeal should go to States, as they could influence religious communities. The role of the State had been omitted in that paragraph.

GYAN CHANDRA ACHARYA (Nepal) noted the two mentions of his country in the report and said those incidents were under active investigation. Nepal would respond to the Special Rapporteur’s concerns as soon as these investigations had been completed. He also asked the Special Rapporteur to shed further light on the need for cooperation between his work and the Committee on the Elimination of Racial Discrimination.

NAJAT AL-HAJJAJI (Libyan Arab Jamahirya) said the attention of the Special Rapporteur should be drawn to the fact that when speaking about identity and its relationship to racism and racial discrimination, this should perhaps be changed to the preservation of identity, rather than the creation of identity. In the report, under the section on anti-Semitism, Christianophobia and Islamophobia, the report noted that creating an identity meant creating an enemy. Throughout the report, the created enemy appeared to be Islam, since some Western countries in particular had established restrictions on refugees and immigrants. Whoever had a beard and travelled was held up in side-chambers in airports, and veiled women were attacked verbally and physically in some countries. Islam had been abbreviated and had become tantamount to violence. If a person was a Muslim, Arab and black, he was exposed to a compound of racism. The work of the Special Rapporteur was unsatisfactory to Arab Muslims, as it required more depth and a focus on these phenomena.

KONG LINGBIN (China) said the reports had been studied, and the remarks listened to carefully. The report on racism and other activities against Islam had given a perception of racism and its trends. Practical recommendations and measures were included, and this was very important and interesting. The mandate of the Special Rapporteur was very important. It was of great importance for the elimination of racism. The work of the Special Rapporteur was fully supported, and it was hoped that more countries and the High Commissioner’s Office would provide facilities to and cooperation with the Special Rapporteur.

DOUDOU DIENE, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, said the concept of racism did not come out of space; it was a manifestation in societies. There was a belief that the construction of identity could prompt racism. The construction of the ideology of nationalism had a phenomenon of racism attached to it. Further efforts should be exerted to combat all forms of racism and racial discrimination in societies. With regard to the issue of cooperation, which was a very sensitive question, he stressed the need to strengthen regional mechanisms, and cooperation between thematic Special Rapporteurs. One needed to be sure that regionally there should be cooperation among the various mechanisms. He envisaged working in close cooperation and collaboration with other mechanisms and regional organizations.

Presentation of 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, presented the report on the Group’s fourth session, which took place in Geneva from 25 October to 5 November 2004. The fourth session had addressed three main topics, namely employment, health and housing. The discussion had revealed that racism and discrimination continued to be practiced against Africans and people of African descent in all three areas. Among the rights violated figured the right of all to employment and to earn a living; the right of all to the highest attainable standard of physical and mental health; and the rights to adequate and affordable housing.

During its examination of racism and employment, the Working Group had heard of the damaging affects of racial discrimination against people of African descent in their attempts to enter the labour market. In terms of recruitment, promotion, access to in-service training and disciplinary procedures, they bore the brunt of direct and indirect discrimination. Regarding racism and health, the evidence was similar. There was an unavailability of health services in black communities, and increased economic barriers to health care in countries without universal health care. Moreover, in terms of housing, black communities in many countries lived in inner-city “ghettos” characterized by the lack of educational and health infrastructures, and starved of investment in safe drinking water, adequate sanitation and unavailability of health-related information.

A number of measures had been identified, he noted. Governments must harness the political will to address historical and contemporary forms of racism and racial discrimination and put in place mechanisms to fight this scourge. Those measures should include administrative and political mechanisms, and Governments should allocate sufficient financial resources to the fight. Data should be disaggregated by race and gender to measure inequalities among specific racial groups. Further, best practices for implementation of the various requirement and tenets enshrined in human rights instruments should be accompanied by effective anti-discrimination laws to provide a favourable environment for people of African descent to make claims for damages for violations of their human rights.

Interactive Dialogue

SERGIO CERDA (Argentina) said better coordination of the next session of the Working Group was required, and it was hoped the Chairperson would respond on what was being done on this issue. In the report which had been presented, there was a need to have properly aggregated data in order to shed light on the implementation of these decisions, and it was asked who was gathering the statistics and on what basis.

RODOLFO REYES RODRIGUEZ (Cuba) said there should be greater participation by non-governmental organizations and persons of African descent in the Working Group. There should be a more proactive approach by the Group of Experts, with a series of voluntary guidelines drawn up regarding formulation of national statistics with regard to presence and participation of persons of African descent in national life; and with respect to possible affirmative action measures in each society to benefit persons of African descent. There should be an examination of the possibilities for compensation for these persons who had been the victims of traditional practices of colonialism and slavery, and there should be compensation by those who had benefited from these practices to those who had suffered.

KONG LINGBIN (China) said the work of the Working Group was understood, and it was hoped the recommendations made would attract the attention of all concerned. It was crucial for the fight against racism for the Chairperson to be able to make visits, and it was hoped there would be progress in this field.

PETER LESA KASANDA, Chairperson-Rapporteur of the Working Group of Experts on People of African Descent, said that data collection was supposed to be carried out by Governments and civil society. However, there was a problem in Latin America with the way people identified themselves which created an obstacle for fully developing statistical data on each country. With regard to the field visits, the Office of the High Commissioner was arranging field visits in the coming months so that the Working Group would further understand the situation of persons of African descent. The fight against discrimination against persons of African descent should be acted upon in a humanitarian manner, which would create an effective fight against racial discrimination against those persons.


Presentation of Report of Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action

JUAN MARTABIT, Chairperson-Rapporteur of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, presented his report on the Group’s third session, noting that the Group had presented the main mechanism to ensure follow-up to the Durban Conference. The initial political difficulties faced by the Group had begun to dissipate, he said, as it had created a climate of trust, which had allowed it to focus on its mandate. In line with recommendations to improve its working methods, the Group had structured its last two sessions into two main sessions: one thematic and one focused on consideration of additional standards.

The thematic segment of the last session had focused on follow-up to the Durban outcomes in terms of the Internet and health, he noted, adding that the previous segment had focused on poverty and education. The aim had been to encourage policymakers to include anti-discrimination provisions in their legislation. The Working Group had adopted a graduated approach in which gaps and shortcomings in current international legal instruments combating racism and racial discrimination would be identified following a comprehensive evaluation and analysis of current standards. Among the issues cited by delegations as possibly requiring the elaboration of new standards, one group had focused on the promotion of xenophobia and racial discrimination on the Internet, while another had raised the issue of multiple aggravated discrimination. A third group had stressed that the issue of key importance remained full implementation of current instruments.

Noting that there had been consensus among all to create new standards which should complement existing measures and represent clear added value, he also stressed the continued importance of working by consensus. The final document from Durban had been adopted by consensus, and the Working Group maintained that no contribution would be made to its work if there was a departure from the consensus principle in negotiating related resolutions in the Commission on Human Rights, or in the General Assembly’s Third Committee. Also noting that there had been an increase in participation by Governments from all the regional groups during the Working Group’s third session, he reminded States that full implementation of agreed documents was the responsibility of all, and stressed that follow-up to the Durban Conference and implementation of all international human rights instruments in general required greater coordination by all actors and bodies.

General Debate on Racism, Racial Discrimination, Xenophobia and All Forms of Discrimination

ALPHONSE BERNS (Luxembourg), speaking on behalf of the European Union (EU) and associated countries, said all human beings were born free and equal in human rights. This marked the fight against discrimination that was at the heart of the international community. The International Convention on the Elimination of All Forms of Racial Discrimination occupied a pivotal place, and it was essential to ensure universal ratification of this instrument and the application of its provisions, as the lack of this implementation was one of the main problems in the fight against discrimination. The Committee on the Elimination of Racial Discrimination had demonstrated through its proceedings that the Convention was relevant and useful in responding to new forms of racism, racial discrimination, xenophobia and related intolerance. The Committee should continue to think about its role in the United Nations and in the fight against crimes such as genocide.

The Durban Conference had been of much use in the fight. The EU wished to renew its commitment to implementing the recommendations of this Conference. It was hoped the spirit of dialogue and confidence would prevail. Several mechanisms were created with regards to the follow-up to the Conference, and it was hoped they would be given all possible assistance by States, which were primarily responsible for taking measures at a national level to combat xenophobia and promote tolerance. Great importance was attached to combating all forms of intolerance, including anti-Semitism, and this should extend to the whole of the international community, as these tendencies were re-emerging. It was important to avoid any hierarchy of the victims and the suffering they endured. The decision to cooperate more closely with regional organizations in the fight by the Special Rapporteur was welcomed. The fight against racism and all forms of discrimination should be waged at all levels, international, national and regional. Any discrimination based on sexual orientation was unacceptable whatever forms this took.

NAJAT AL-HAJJAJI (Libya), speaking on behalf of the Arab Group, wished that the report had been published in Arabic for wide dissemination among the Arab countries. She said the use of Islamophobia had now been politically accepted in many countries. Muslims were attacked and their worship places demolished. Muslim women wearing veils were insulted in the streets of Western countries. The cultural identity of minorities should not be amalgamated with national cultural identities. The existence of diverse cultures was instead richness by itself. New migrants coming to new nations contributed to the cultural diversify of a country. The presence of different cultures should not create tension. The process of integration of Muslims should be an obligation to ensure coexistence among the various cultures in the society. The Arab Group supported the insistence made by the Organization of Islamic Conference (OIC) on mutual tolerance among cultures.

The Arab Group wished to underscore that the Palestinian people were suffering from the Israeli occupation. The colonialization of the Jewish people and the persecution of the Palestinians had continued. The legislation designed by Israel was against the international law. The law on nationality provided for all Jews arriving in Palestinian to Jewish nationality. This might also be granted even before their arrival to Palestine. Now, Israel had continued to build a wall of separation, which was a sign of discrimination. The Commission should be seized on the issue of Israeli discrimination against the Palestinian people.

MASOOD KHAN (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said racism and racial discrimination constituted a serious violation of human rights. At the Durban Conference, the international community had outlined important measures to eliminate racism and all forms of discrimination. However, implementation of the Durban Declaration and Programme of Action had been slow and half-hearted. The Commission could play the role of a catalyst to accelerate the process that could culminate in freeing the world from racism. One particular form of discrimination, Islamophobia, called for immediate attention, as it was a dangerous trend that required reversing.

The Special Rapporteur had noted an increase in Islamophobia, with two predominant characteristics: the intellectual legitimisation of hostility towards Islam and its followers, and the political tolerance of such hostility in many countries. In his recommendations, he underscored that the reality of Islamophobia should be publicly acknowledged by the authorities in the countries concerned. The concerned Governments should criminalize and punish Islamophobic acts, writings and statements, and should also take necessary measures to avoid, through legislative measures, in particular on secularism, and through their statements, prioritisation forms of discrimination or strengthening Islamophobia. The recommendations made in the report were supported, and the OIC recommended their urgent implementation. The Special Rapporteur should monitor the implementation of these recommendations and report thereon. It was hoped that those who had repeatedly abstained on the OIC resolution on "combating defamation of religions" would vote in favour of this draft resolution this year.

FISSEHA YIMER (Ethiopia), speaking on behalf of the African Group, said the history of the African continent had been one of subjugation and plunder, which had been facilitated by the phenomenon of racism. The legacy of slavery, colonialism and apartheid had blighted the continent, leaving Africa today plagued by poverty and underdevelopment. Moreover, Africans in the diaspora had also been historically subjected to racism and discrimination, living as second-class citizens in their adopted countries and facing discrimination in the spheres of education, employment, health and housing. States and international organizations had a responsibility to ensure that measures taken in the struggle against terrorism did not discriminate on the grounds of race, colour, descent or national or ethnic origin, he emphasized. All States should refrain from racial profiling.

Three years on from the Third World Conference against Racism, follow-up to the Durban Declaration and Programme of Action had been slow, he noted, although it was encouraging that mechanisms such as the Intergovernmental Working Group on their Implementation and the Working Group on People of African Descent, as well as the five Independent Eminent Experts and the Special Rapporteur on contemporary forms of racism had begun to make headway. The African Group had been supportive of those mechanisms, and had participated in the Working Groups’ meetings. The African Group urged the Commission to endorse the convening of a high-level seminar to address gaps in existing international human rights instruments related to discrimination, and implementation of a "Racial Equality Index", as suggested by the High Commissioner for Human Rights. Furthermore, the Anti-Discrimination Unit of the Office of the High Commissioner must be optimally resourced to fulfil its mandate.

FAISAL MUBARAK AL-THANI.(Qatar) said racial discrimination was not a problem of one country but rather it was an international phenomenon. Qatar had acceded to the International Convention on the Elimination of All Forms of Racial Discrimination. The Government was also preparing to ratify the Convention on the Elimination of All Forms Discrimination against Women. Following a referendum held in his country, the Government had strengthened its vigilance and had undertaken measures in the promotion and protection rights of all members of the society. Further measures had also been taken to protect the rights of women, who needed a special protection regime. Their economic rights had also been strengthened. Measures were also taken against any form of racial discrimination with regard to migrants.

LA YIFAN (China) said that as pointed out by the report of the Special Rapporteur, the present trend was that racism was further aggravated in many areas, racist parties had expanded their influence and the voice justifying racism was getting louder. It was extremely disappointing and regrettable that nearly four years after the World Conference against Racism, instead of being checked, this phenomenon had manifested itself in ever-greater frequency and newer forms. It was constantly propagating itself, and without resolute counter measures, extreme forms of racism, such as new theories of racial superiority, neo-nazism and neo-fascism would once again move onto the front stage, bringing calamities to mankind.

To eliminate racism, China wished to make several recommendations. First, Western countries should pay adequate attention to the problem of racism, and take effective measures to root it out. Second, while helping the developing countries to reduce poverty and making an effort to narrow the gap between rich and poor, the international community should also strongly advocate for racial equality and harmony as well as dialogue between different civilisation. Finally, the United Nations was called upon to beef up its anti-racism work. It had already adopted a series of measures in this regard, however, their impact and effectiveness had been hampered by various factors. The United Nations, therefore, should give further support to these mechanisms in terms of human and financial resources and in terms of publicity so as to enable them to fully play their respective roles.

FRANCISCO BARREIRO (Paraguay), speaking on behalf of MERCOSUR and associated countries, said prevention of and campaigning against racism and racial inequalities represented significant priorities for the members of MERCOSUR, who maintained that, in the face of racism, States not only had the obligation to refrain from discriminating, but also had to adopt positive measures to resolve historic cases of racism and marginalization. Persons of African descent and members of indigenous and migrant societies had made important contributions to MERCOSUR members’ societies; those States remained committed to defending them and their rights. Among initiatives, a sub-regional workshop on implementation of international human rights standards by national human rights tribunals and courts had been held in 2001, in conjunction with the Office of the High Commissioner for Human Rights, the United Nations Development Programme, and the Inter-American Institute for Human Rights. MERCOSUR members had also made implementation of the Santiago and Durban outcomes priorities, and the mechanism to bring together senior, national human rights officials, established in December 2004, would ensure due follow-up.

In 2005, five years would have passed since the preparatory regional conference for the Americas had been held in Santiago, Chile, in the lead up to Durban. The Santiago Conference had marked a milestone in the Americas in the campaign against racism and discrimination, with some States even abandoning prior national approaches of denying the existence of racism. The relevance of Santiago was not confined to preparations for Durban, but also supplemented and took further the global consensuses, which had emerged in Durban, at the regional level. Therefore, it was important to ensure proper follow-up to and achievement of the Santiago outcomes, in parallel to those of Durban. Among other initiatives, the establishment of the post of Special Rapporteur on the rights of persons of African descent by the Inter-American Human Rights Commission was welcomed. The anti-discrimination unit in the Office of the High Commissioner for Human Rights should also be strengthened and due consideration should be given to principles of non-discrimination and tolerance in fight against terrorism, in education, and in efforts to eradicate poverty.

JORGE FERRER RODRIGUEZ (Cuba) said a worrying and dangerous wave of consolidation and accession to power of right-wing parties, based on xenophobia and anti-migrant ideas and programmes, was expanding, especially among developed countries, with the pretext of the fight against immigration, against terrorism or the protection of national security. Attempts were made to cynically justify the impunity of those phenomenon under the cover of and alleged defence of freedom of opinion and of association. Civilizations and religions such as Islam were especially being subjected to imperialist propaganda intended to discredit and "demonize" them. Believers in Islam had consequently been targets of acts of discrimination, xenophobia and intolerance, even of acts of vandalism.

The exacerbation by the Government of President Bush of the "chosen people myth" in order to lead the destinies of the rest of the world and of the "American dream", which depicted the United States as an allegedly superior nation and system of values and freedoms, entailed a profound and dangerous political, racial and cultural fundamentalism. Disrespect for cultural diversity and racist, discriminatory and xenophobic conceptions about the superiority of races, cultures and nations were among the essential causes of painful conflicts throughout history, particularly during the Second World War. It was a duty of the international community and of the true defenders of human rights to avoid the repetition of those painful acts. It was necessary to act now. The worst times of the ku kux klan seemed to have resurrected in the United States, with the recent murder of the mother and husband of United States District Judge by a white supremacist because of her ruling against the leader of the organization "Creativity", which was based on the superiority of the anglo-saxon white race. There could not be democracy, human rights, or real freedoms in the midst of racism, racial discrimination, xenophobia, inequalities and inequalities within and among countries.

PARK IN-KOOK (Republic of Korea) said the international community should never forget the horrendous massacres in Rwanda, the massive killings in Srebrenica or the horrific situation currently unfolding in Darfur. These events, in all their brutality, reminded the international community that racism, racial discrimination, xenophobia and related intolerance were not vanishing phenomena, and that the need for international vigilance could not be overemphasised. Further, contemporary forms of racism and xenophobia were striving to regain political, moral and even legal recognition in many ways, including through the platforms of some political parties and organizations.

The Durban Declaration and Programme of Action not only recorded a solemn commitment by States to work together, but also offered a functional common agenda. Hence, renewed efforts, both at the international and national levels, were necessary to fight bias and unequal treatment. Although the primary responsibility for combating racism and racial discrimination lay with States, the international community should engage in more concrete and measurable efforts to eliminate racial discrimination. Education and a raising of public awareness, especially among today’s youth, were essential tools for fighting against racism. In addition to this, enhancing the judicial system and administrative measures, including the provision of remedies and recourse at the national level, should be introduced and strengthened. Finally, tribute was paid to all those who had worked to eliminate all forms of discrimination around the globe over the past year.

MIKE SMITH (Australia) said the Australian Government was firmly committed to a culturally-diverse Australia that embraced the heritages of the indigenous people, early European settlement and Australian-grown customs, as well as those of the diverse range of migrants that had made the country their home. Cultural diversity was central to Australia’s contemporary identity, and the country was also enriched by religious diversity. There was no place for racist attitudes or discriminatory behaviour in Australian society. The Government remained committed to maintaining the tradition of tolerance and respect for diversity, which was the foundation of one of the world’s successful, multicultural societies. Moreover, the innate concern of Australians had prompted them to help bring stability, democracy and good governance to other countries, in order that the ordinary people might have better lives, free from discrimination an oppression.

Domestically, the Government addressed racial discrimination in two ways, he noted. A range of human rights legislation had been enacted, which underpinned the country’s implementation of the Convention on the Elimination of All Forms of Racial Discrimination. The Government was also committed to fostering human rights education, as exemplified by the recent publication of a new National Framework for the protection of human rights in Australia. A practical aspect of the commitment to anti-discrimination was the national multicultural policy, which provided a framework for strengthening community harmony and promoting the economic, cultural and social benefits of diversity for all Australians. The framework supported mutual respect and equality, and aimed to enhance social cohesion and the capacity to withstand both external and domestic tensions. It also affirmed that all Australians had the right to be active and equal participants in society, and to maintain their cultural and religious traditions. The goals of the Government's Access and Equity strategy were embodied in the Charter of Public Service in a Culturally Diverse Society, and were promoted through programmes such as "Diversity Works!" and the "Living in Harmony" initiative.

JOSEPH AYALOGU (Nigeria) said discrimination for any reason, race, colour, sex, religion, ethnic origin, political opinion, social status, physical mental disability or health status, such as HIV/AIDS, could have a devastating impact on people’s lives. Racism, racial discrimination, xenophobia and related intolerance were not vanishing phenomenon. Nigeria felt alarmed by the emergence and continued occurrence of such phenomenon in their more subtle contemporary forms and manifestation. The Durban Declaration and Programme of Action on Racism, Racial Discrimination, Xenophobia and Related Intolerance, adopted on 8 September 2001, was a historic milestone for fostering practical steps to push back the frontiers of racism. However, despite the solemn pledges of the international community in Durban, the scourge of racism, racial discrimination and related intolerance continued to manifest itself and posed new challenges to all societies. No one was immune from the invidious reach of that doctrine of exclusion.

Tackling anti-Semitism, Islamophobia and other forms of racism and discrimination should remain one of the most important goals of the international community. The international community should also be committed to implementing the outcome of the Durban Conference. Nigeria attached great importance to the fight against racial discrimination in all its internal and external policies. The international community had also taken steps to strengthen its approach by placing at the centre those who suffered from discrimination and its disadvantageous impact, hostilities and marginalization.

LUIS ALFONSO DE ALBA (Mexico), speaking on behalf of the Group of Latin American and Caribbean countries (GRULAC), said racism, racial discrimination, xenophobia and related forms of intolerance were phenomena which were showing no signs of disappearing, but were instead taking root and re-emerging with new signs of vigour in all societies, taking new forms. No society was free of this phenomenon, which did so much harm. In strengthening the fight against it, the international community was reinforcing human dignity and enabling many to take part in the cultural, social and political life of society. The Durban Conference had made it possible to understand the relationship between these phenomena and various aspects of society such as health and education. The persistence of racist attitudes and practices bred poverty, for example. The inter-Governmental Working Group should continue to concern itself with these measures, as it could identify best practices as well as other things.

The Durban Declaration and Programme of Action contained the agenda required to combat the scourge, and the documents of the Conference provided innovative formulae and initiatives which, taken together, formed a comprehensive programme of measures which should be implemented in order to strengthen the creation of practical measures on a national level. The approach advocated in the report by the Chairperson-Rapporteur of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Work of adopting consensus was particularly effective in the implementation of the Plan of Action and also in the creation of norms and standards for the combat against discrimination. Together with greater support and coordination among the mechanisms created by the Commission on this issue, there should be a prompt strengthening of the Anti-Discrimination Unit, which had no proper coordinator, and it was hoped this should be a priority.

* *** *

For use of the information media; not an official record