COMMISSION ON HUMAN RIGHTS CONCLUDES DISCUSSION OF RACIAL DISCRIMINATION

Commission on Human Rights
59th session
25 March 2003
Afternoon




Deputy Prime Minister of Belgium Delivers Address



The Commission on Human Rights completed this afternoon its annual debate on racism, racial discrimination, xenophobia and other forms of discrimination, hearing from a series of non-governmental organizations (NGOs) contending variously that not enough had been done to implement the Declaration and Programme of Action of the Durban World Conference against Racism, and that discrimination was mounting against Muslims, Jews, and groups such as migrant workers, persons of African descent, and indigenous peoples.
The Commission's Special Rapporteur on contemporary forms of racism, Doudou Diène, summed up the discussion by saying that racism was still prevalent, that new and more subtle forms were on the increase, and that it was clear that the fight against racism could not be won if there was no culture of dialogue and respect between peoples, regions, and countries.
Louis Michel, Deputy Prime Minister and Minister for Foreign Affairs of Belgium, delivering a general address to the Commission, said among other things that Belgium was extremely disappointed that the initiatives taken to ensure that Security Council resolution 1441 was implemented through peaceful and diplomatic means had failed, and that a war was now under way in Iraq. Belgium remained convinced that the diplomatic route, through disarmament inspections, could have led to the desired objective, Mr. Michel said -- an opportunity had been missed to disarm Iraq in an effective but peaceful manner, and as a result there had been effects on the credibility and efficiency of the United Nations.
Several NGOs also criticized the military campaign now under way against Iraq, with the Indian Movement "Tupaj Amaru" contending the United States-led assault was illegal and "part of a spiral of violence and State terrorism", and the General Arab Women Federation saying the US Government was denying Iraqis their rights to survival, education, their own natural resources and to self-determination.
Addressing the afternoon meeting were representatives of Indonesia, Cyprus, Romania, Benin, and Liechtenstein.
The following non-governmental organizations offered statements: Coordination Board of Jewish Organizations (joint statement with B'nai-B'rith International and the International Council of Jewish Women); World Jewish Congress (joint statement with International Association of Jewish Lawyers and Jurists); African Society of International and Comparative Law (joint statement with Interfaith International and World Federation of Democratic Youth); Lutheran World Federation (joint statement with International Movement against All Forms of Discrimination and Racism and Minority Rights Group International); International Young Catholic Students (joint statement with New Humanity and International Organization for the Development of Freedom of Education (OIDEL); World Union for Progressive Judaism; Association for World Education; South Asia Human Rights Documentation Centre; International Institute for Peace; Agir ensemble pour les droits de l'homme; Movement against Racism and for Friendship Among Peoples; World Federation of United Nations Associations; International Human Rights Group; International Possibilities Unlimited; International Organization for the Elimination of All Forms of Racial Discrimination; Pax Romana; December 12th Movement International Secretariat; International Association against Torture; Simon Wiesenthal Centre; Comité international pour le respect et l'application de la Chartre Africaine des Droits de l'homme et des Peuples; Asian Legal Resource Centre; Cairo Institute for Human Rights Studies; and Migrants' Rights International.
The Democratic People's Republic of Korea and Egypt spoke in exercise of the right of reply.
The Commission will reconvene at 10 a.m. Wednesday, 26 March, to begin debate on the right to development.

Statement from the Podium
LOUIS MICHEL, Deputy Prime Minister and Minister for Foreign Affairs of Belgium, said terrorism was the most hideous manifestation of intolerance and reflected a total disregard for human life. In a globalized world, terrorism represented a growing threat and the international community must face it with determination. The fight against terrorism was the common responsibility of all States. It could produce tangible results only through concerted action at the international level, above all within the framework of the United Nations. In this regard, the Commission had a crucial role to play in ensuring that the global fight against terrorism complied with fundamental principles of human rights. Furthermore, the fight against terrorism could not justify any deviation from the fundamental principles of the rule of law.
Mr. Michel said ethnic conflicts generated by fanaticism and ultranationalist propaganda led to hate, armed actions, crimes against humanity, genocide and the displacement of thousands of people. All eyes were currently turned to the Middle East and Iraq. Belgium was extremely disappointed that the initiatives taken to ensure that Security Council resolution 1441 was implemented through peaceful and diplomatic means had failed. Belgium remained convinced that that the diplomatic route, through disarmament inspections, could have led to the desired objective. An opportunity had been missed to disarm Iraq in an effective but peaceful manner, with resulting effects on the credibility and efficiency of the United Nations. All must ensure that the Iraq of tomorrow would become a State of law that respected democracy and human rights.
Mr. Michel said the African continent was not spared from conflict, either. The progress achieved in recent months in the Democratic Republic of the Congo and Burundi gave hope that the region would find lasting peace. Belgium also continued to support Burundi, where the political leadership must take difficult decisions in order to pull the country out of its vicious circle of civil war. In Rwanda, elections were scheduled to take place this year.
Mr. Michel said another challenge facing the international community was to find ways to reduce growing disparities in standards of living from State to State and individual to individual. Globalization was an irreversible phenomenon. It generated new potential but also entailed new challenges, especially social ones. It was necessary to create new solidarity in an environment characterized for many by loss of employment, social exclusion and extreme poverty. Belgium was particularly concerned about the situation of women in the world. Women were the victims of violence and of serious forms of discrimination in many parts of the world. The rights of children also continued to be frequently violated. The scandal of child soldiers, sexually exploited children, child labour, child starvation was revolting.

Statements
DJISMUN KASRI (Indonesia) said the eighteen months which had elapsed since the Durban Conference had witnessed a certain dimming of the high hopes originally felt by the majority of the international community as a result of this event. Meanwhile, an international climate marked by fear and distrust had gradually evolved out of the tragic events of September 11. This climate had nevertheless been allowed to degenerate to the point of favouring the resurgence of discrimination and prejudice which the Durban Declaration sought to eliminate. Suspicion and distrust on grounds of faith or citizenship of certain countries, targeting the broad mass of Islamic communities, had been reflected in an irrational search for potential extremists in their midst.
The Government of Indonesia, for its part, was determined to act at home on all fronts to combat prejudices B racial or religious B which undermined the fabric of society by pitting communities against one another. Efforts had continued, under the Government=s policy of democratization and reform, to restore trust and promote reconciliation, through dialogue, education and community projects, in areas of the country which had experienced clashes between communities on ethnic or religious grounds. These efforts had paid off and a definite improvement had been registered in these regions.
HELENA MINA (Cyprus) affirmed that Cyprus strongly rejected and condemned all forms of racism and racial discrimination and pledged its determination to continue and intensify the efforts to eradicate any such phenomena. The country's commitment had already been demonstrated by the adoption of national policies. The Government had also adopted relevant legislation to combat these phenomena. Such laws were necessary prerequisites in any effort to promote respect for human rights and fundamental freedoms, as well as the rule of law.
Governments had the obligation to educate and raise awareness about the scourges of all forms of racism and racial discrimination. Education was essential for promoting tolerance and respect for diversity. Full respect for the principle of non-discrimination was conducive to stability and social cohesion, and, as a result, the Government of Cyprus had initiated the introduction of educational programmes aimed at achieving that goal.
ADRIAN CAMARASAN (Romania) said Romania continued to take important steps to promote equal chances and combat discrimination in order to ensure full respect for and implementation of human rights. The Romanian legislative framework, based on international and European legal documents, was based on the principle of equality among all persons, without discrimination on account of race, nationality, ethnic origin, language, religion, gender, sexual orientation, belief, political orientation, wealth or social origin. Sanctions for the perpetration of acts discrimination were also stipulated.
A key element in internal legislation aiming at combating discrimination was the National Council for Combating Discrimination, a governmental body with the role of implementing the principles of non-discrimination and of sanctioning discriminatory offenses. The Council had elaborated a national action plan for combating discrimination, had reinforced legislation and had applied sanctions against racial discrimination. It also had launched an initiative to create a National Alliance against Discrimination.
ELOI LAOUROU (Benin) said all of humankind, irrespective of colour, race, religion, culture or geographical origin, must benefit from equal, dignified and equitable treatment. This was why prejudice and discrimination must be discouraged in all forms and under all circumstances. The day to day life of all peoples needed to be based on principles of tolerance, respect, mutual understanding and solidarity. The efforts to be made and actions to be undertaken by States in the fight against racism must involve a particular focus on education. Future generations needed to learn about principles of equality and respect for one another.
States had a particularly important part to play combating prejudice and discrimination, both in raising awareness and in implementing the Programme of Action adopted at the World Conference against Racism. States also needed to ensure that particularly vulnerable groups were protected, since they often suffered discrimination on economic, social and cultural levels.
PIO SCHURTI (Liechtenstein) said the Durban Declaration and Programme of Action were certainly bearing fruit. The national action plan to prevent and eliminate racism and xenophobia in Liechtenstein was based on the results of Durban. It focused on awareness-building and the promotion of a comprehensive approach to integration. Particular emphasis was placed on the principle of non-discrimination while at the same time aiming at enhancing effectiveness in combating all forms of racism.
The Government had incorporated the findings of the Commission against Racism and Intolerance of the Council of Europe into its national action plan. The Government awaited the Commission's report on its second visit to the country and was convinced that it would be helpful in identifying measures for further improving national legislation. About 34.4 per cent of the country's residents were non-nationals. They came from 80 different countries. Liechtenstein quite literally was a "global village". Integration was a key responsibility not only of the State but of all members of society.
KLAUS NETTER, of the Coordination Board of Jewish Organizations, speaking on behalf of B'nai-B'rith International and the International Council of Jewish Women, said that during the past few years, anti-Semitism had grown exponentially in many parts of the world. During the single month of April 2002, the American Jewish Committee had counted almost 200 anti-Semitic incidents in the world, with particular frequency and ferocity in Western Europe.
American university campuses had also witnessed expressions of unabashed anti-Semitism, such as slogans in praise of the Holocaust and demands for visual identification of Jewish students and teaching staff. One of the most lamentable incidents of anti-Semitism over the last year was the broadcast throughout the Arab world of a 41-part "historical" drama called "Horsemen without a Horse" by Egyptian State television which was based on the infamous forgery called the "Protocols of the Elders of Zion".
DANIEL LACK, of World Jewish Congress, in a joint statement with the International Association of Jewish Lawyers and Jurists, said the Commission must express its abhorrence and unambiguously condemn Egypt and other Arab States whose television networks had disseminated on at least 22 successive occasions a blatantly racist TV series entitled Knight without a Horse. The series was based on the notorious Tsarist secret police forgery of the Protocols of the Elders of Zion, which was quoted extensively in Hitler’s Mein Kampf as the Nazi leitmotif leading to the extermination of European Jewry in World War II, and it constituted an incitement to hatred, violence and genocide.
By permitting the televising of this obnoxious series on State controlled television, Egypt and other Arab States were in clear violation of the Convention of the Elimination of All Forms of Racism and Racial Discrimination, to which they were parties.
CHARLES GRAVES, of African Society of International and Comparative Law, speaking on behalf of Interfaith International and World Federation of Democratic Youth, said it was most unfortunate that the war of aggression that was being waged by the United States and its allies against Iraq was being carried on despite opposition from millions of peace-loving people in different parts of the world. This war would deepen the misunderstanding among nations and exacerbate unhealthy feelings of superiority and intolerance which were currently rearing their ugly heads in a disturbing manner. During the last two years there had already been a sharp increase in incidents of racism and xenophobia in many parts of the world.
The revival of such unhealthy racist and discriminatory sentiments, as well as the unmatched degree of hatred and intolerance that had underpinned the attacks of September 11, must always be a reminder to the world of the importance of the noble message of combating racism in all its forms and manifestations. Efforts to combat racism and racial discrimination would not make progress unless the world embraced all human beings on an equal footing, and unless justice prevailed for all people.
MAN HEI YIP, of Lutheran World Federation, also speaking on behalf of The International Movement Against All Forms of Discrimination and Racism and Minority Rights Group International, said that in an incident in December 2002, a Dalit women was beaten by two upper caste people because she had agreed to prepare a midday meal for school children. In October 2002, five Dalits were beaten to death because they were thought to have killed a cow. In June 2002, a young women was raped on the orders of the members of a local council, as a punishment for her brother's alleged affairs with higher case women.
There were 250 million people whose daily lives were affected in such ways because they were termed "untouchable". The Commission should take appropriate steps to support and advance the recommendations contained in the Committee on the Elimination of Racial Discrimination's General Recommendations on combating descent-based discrimination.
JEAN -DAVID PONCI, of International Young Catholic Students, in a joint statement with New Humanity and International Organization for the Development of Freedom of Education (OIDEL), said that racist attitude consisted in not recognizing for others the rights recognized for oneself. Unilateral promotion of civil and political rights was discriminatory. It was impossible to consider civil and political rights without economic, social and cultural rights. Civil and political rights could have meaning only if they allowed for the promotion of economic, social and cultural rights.
It was regrettable that the most developed countries focused all their efforts on implementing economic, social and cultural rights and considered that the promotion of civil and political rights in the poorest countries was sufficient. This attitude was often based on the conviction that some societies had not attained the level necessary for an effective implementation of economic, social and cultural rights.
FRANCOIS GARAI, of World Union for Progressive Judaism, said during these troubled and complex times, it was necessary to end the trend towards the defamation of religions Already last year, the Commission had adopted a resolution against the defamation of religions. It was unfortunately clear that despite such progress, religions had been taken hostage in political rhetoric and had en victim to defamation. Those who did this kind of thing could not imprison the religions of others. World leaders had asked all show respect for religions, and that they not use religion to invoke violence, discrimination or exploitation of others.
The Commission was informed that last Saturday, here in Geneva, Christians, Jews and Muslims had gathered and appealed to States not to resort to any conflict by pitting religions against each other. The World Union for Progressive Judaism hoped that a time would come when religions would no longer be used as instruments or political tools.
DAVID LITTMAN, of Association for World Education, said that six years ago, an extraordinary event occurred regarding racism, known as the "Blasphemy Affair" which resulted in censorship decision 1997/125. The then Special Rapporteur on Racism, Maurice Glélé-Ahanhanzo, was criticized on the last day of the 53rd session of the Commission for quoting a factually correct sentence in his report, under the heading: Islamist and Arab anti-Semitism.
Other than resigning his mandate, the Special Rapporteur had no alternative but to take "corrective action", which he did. No State backed him. In all subsequent reports, he avoided referring to Judeophobic anti-Semitism in the Arab-Muslim world, which was nourished by a deliberate "culture of hate", spilling over dangerously into Europe. Now Judeophobic anti-Semitism was recognized as endemic in the Arab-Muslim world and in parts of Europe. In his 43-page report, the new Special Rapporteur, Doudou Diène, had barely nine lines on this subject.
RINCETTA NAIK, of South Asia Human Rights Documentation Centre, said that due to a lack of funds, the Office of the High Commissioner for Human Rights was unable to hold more than a few seminars during the entire Third Decade to Combat Racism. It was regrettable that the implementation of the Durban Programme of Action had been disappointing, too. And it was incorrect and harmful not to allow NGOs to interact with the Intergovernmental Working Group on the effective implementation of the Declaration and Programme of Action.
It was regrettable that only 16 members of the United Nations had provided information to the Office of the High Commissioner for Human Rights on the issue of racism. It was important that States should make more substantive commitments to combat racism in all its global and changing forms
KADIR JATOI, of International Institute for Peace, said Pakistanis in general and Sindhis in particular had become an ongoing target of the greed and tyranny of the Pakistani military, the Inter-Service Intelligence Services and their time-tested comrades B the Jihadi mullahs. The tragic alliance between the Pakistani military and the ultra-right through which fundamentalist Jihadi Islamists had destroyed most democratic institutions in Pakistan, pierced the rule of law, brought the administration of justice into disrepute, and alienated the people of Pakistan.
Pakistan's judiciary had become a slave to the military establishment. Indeed, since the early 1950s, the independence of the judiciary had consistently eroded to the point where it was now a mere facade. The judicial system had made itself a laughing stock in the eyes of the world, as continually reported in the international press. In addition, the erosion of civil liberties and the rule of law was a constant feature of Pakistani society. A formidable example was the systematic manner in which the media was both controlled and muzzled by the military.
BERNARD BOLZE, of Agir Ensemble pour les Droits de L'Homme, said every year, more than a thousand people of foreign nationality and lived in France, many of them having French citizenship, were victims of discriminatory legislation that amounted to double punishment. That double punishment was a judicial decision to remove an individual from the territory of the country. Many of the individuals had no relationship with their country of origin and they had either lived in France from early childhood and had Frensh nationality or had been married to French citizens. By the application of such measures the individuals and their families were both affected.
The individuals were part of French society. This double punishment continued to separate children from parents and brothers from sisters. How could the French authorities claim to fight against discrimination while themselves being the authors of such discrimination?
JEAN JACQUES KIRKYACHARIAN, of Movement Against Racism and for Friendship Among Peoples, said that since the Durban Conference, racism had been seen by the international community as an intolerable injustice. Racism could be perceived as a reaction by those who had a superior status to a threat from those who could only be inferior. This definition applied to all areas. If some people were considered to be inferior, there was also racism. Durban had stressed racism as victims conceived it. It was essential that the victims of racism should finally be able to take the floor but this did not constitute an absolute weapon.
In this regard, the conclusion drawn by the High Commissioner for Human Rights on the implementation of and follow-up to the Declartion and Programme of Action of the World Conference Against Racism was enlightening and worrying: by May 2002, only 16 countries had sent in replies to the questionnaire from the High Commissioner summarizing their efforts to implement the outcomes of the World Conference Against Racism.
BRUNA FAIDUTTI, of the World Federation of United Nations Associations, drew attention to the fact that among the three United Nations human rights conventions which had received the largest numbers of ratifications were the Convention on the Elimination of All Forms of Discrimination against Women; the Convention on the Rights of the Child; and the Convention which dealt with this particular item of the agenda.
It was therefore disturbing to note that only a miniscule minority of States Parties had discharged the obligations set forth Ato adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information with a view to combating prejudices which lead to racial discrimination and to promoting understanding and tolerance among racial or ethnical groups.
LAZARO PARY, of Indian Movement "Tupaj Amaru", said the measures taken by the United States after the 11 September events had affected many people of Arabic origin. The Government of the United States had responded with violence and terror to the demands of liberation movements and to those who legitimately sought freedom. The terrorist attacks had also prompted the US to take revenge against Muslims, Hispanics, indigenous peoples and minority groups.
The illegal war by the United States against Iraq was part of a spiral of violence and State terrorism. The war of conquest committed by colonialist Spain centuries ago had been considered a crime against humanity. The Spanish colonial system had erected a colonial system on the American continent and even today people continued to consider original Americans as "Third World". As a result, indigenous peoples and people of African descent and members of other minorities on the American continent were suffering.
GAY MCDOUGALL, of International Human Rights Law Group, said the organization was concerned about the situation of people of African descent in Latin America. Their exclusion was a daily matter in Nicaragua, where people of African descent suffered poverty and were subjected to massacres. In war-torn Colombia, approximately 3 million people had been displaced, 50 per cent of whom were of African descent. Some 80 per cent of the needs of the population could not be satisfied.
The Commission was urged to act upon the recommendation of the Committee on the Elimination of Racial Discrimination in the fight against racial discrimination and xenophobia, and to set up a trust fund for people of African descent, as it had done for other indigenous groups.
SHANI O'NEAL, of International Possibilities Unlimited, said the educational system and the criminal justice system were increasingly intertwined for blacks and Latinos in the United States. Primary and secondary schools were more separate and unequal now than in the 1950s and 1960s. The atmosphere in poorer schools, overwhelmingly populated by youth of colour, was becoming increasingly prison-like, with the introduction of search-and-seizure procedures and metal detectors.
Children of colour made up 15 per cent of the population aged 10 to 17 in the US, but 44 per cent of youth in juvenile facilities, and 58 per cent of all juveniles in adult prisons. Racial profiling, police brutality, and difficulty in securing a job, loans and insurance created a mutual climate of mistrust between many young adults and Government authorities. It was a matter of deep concern that the juvenile death penalty was practiced in the United States. Currently 67 per cent of juvenile offenders on death row were people of colour. Almost half were African-American, a group that made up only 12.7 per cent of the US population.
ABDALLA SHARAFEDDIN, of the International Organization for the Elimination of All Forms of Racial Discrimination, said that in the last few weeks, millions of demonstrators in more than 600 cities all over the world had said no to war. This was an authentic indication of the strong wave and widespread sentiment against the wrong approach taken by evil and arrogant elements in the United States and Britain. Citizens did not agree with the decisions of their Governments and leaders. The massive demonstrations that had taken place in cities like Washington and London reflected the wide gap between the people and their leaders.
It was the duty of all today to meet under the banner of human rights to confirm and emphasize the magnificent human sentiments and values which had driven those people and had driven others, such as Nelson Mandela and Jimmy Carter, to the streets to express their opposition to war, misery and destruction. The United States' and Britain's national borders were not being threatened; and any military action by them could not be considered legitimate acts of self-defense. Iraq had not attacked them -- there was no connection between Iraq, which had been isolated under severe international economic sanctions for 12 years, and what had happened to the World Trade Center on 11 September 2001.
KANG LONG NHAN, of Pax Romana, drew the attention of the Commission to the importance of identity. Today, identity politics in many parts of the world had become a vehicle of power and a principle of governance, leading to consistent patterns of new forms of discrimination and racism. Victims of these policies included minorities, indigenous peoples, migrants, refugees and asylum seekers.
Pax Romana welcomed the report of the Special Rapporteur on contemporary forms of racism but stressed that cultural pluralism was disappearing as a governing principle and had been replaced by discriminatory policies. Therefore, while fully endorsing the strategies proposed by the Special Rapporteur, the organization invited him to study discrimination concerning enjoyment of and access to the right to self-determination; to include in his next report economic and social dimensions and the integration of gender perspectives; and to pay attention to the interaction between local and global identities in the context of globalization with regard to discrimination.
VIOLA PLUMNER, of the December 12 Movement International Secretariat, said the organization had believed that the World Conference against Racism would provide the type of assistance which the United States Government would welcome, that the US would use the Durban Declaration and Programme of Action to correct the systematic racism it had practised for centuries.
Instead, the US did not have the best interests at heart of the many millions of African-American people it discriminated against, nor did it have enough humility and respect for all the working bodies of the UN to participate in the activities of those bodies. Some 2 million people were in the jails and prisons of the US; 60 to 75 per cent were Black and Hispanic, with an ever-increasing number of black and Hispanic women. More than half the prisoners on death row in US prisons were black. Every social index would attest to continued systematic racism in the country. The trans-Atlantic slave trade was and should always be a crime against humanity, and therefore compensation and restitution were due the victims and their descendants.
ROGER WAREHAM, of International Association Against Torture, said the battle to eliminate racism would never succeed until those who birthed it, perpetuated it and continued to benefit from it were held accountable for their deeds. The Durban World Conference had reaffirmed the historical truth that no matter what contradictions might exist between them, theWestern European and Others Group of countries always united in defense of racism and white supremacy.
This racist unity was exemplified by these countries' initial opposition to holding a World Conference Against Racism, their subsequent attempt to hijack the agenda and prevent any discussion of the trans-Atlantic slave trade and colonialism as a crime against humanity, reparations for African people and the economic basis of racism, their attempt to rearrange the language of the Durban Declaration after the conference ended, the establishment of an anti-discrimination rather than an anti-racism unit in the Secretariat, and the continuing boycott of the Working Group on People of African Descent.
SHOULIALA ABDULLA, of the General Arab Women Federation, said she represented Iraqi women who were currently suffering as a result of American aggression against that country. The American administration was denying Iraqis the right to survival, education, their own natural resources and the right to self-determination.
The United States had made yet another unwise decision - a decision to annihilate the Iraqi people. Why did the Americans believe they had the right to control and destroy Iraqi natural resources? The Iraqi people had already suffered enough from the cruel sanctions that had taken the lives of countless children, women and the elderly. The American administration was clearly taking advantage of Iraq’s cultural and religious diversity through a policy of divide and rule. The American administration had even ignored the voices of opposition to the war. The Commission was urged to condemn the American military aggression and to demand an immediate end to military operations against Iraq.
SHIMON DANIELS, of the Simon Wiesenthal Centre, said the founder of his Centre, who was now 94, had announced that he had not witnessed such intensity of anti-Semitism since the Holocaust. The Special Rapporteur on contemporary forms of racism seemed to deny that by omission in both quantity and quality in his report. The Iraqi Minister for Information unabashedly had blamed "the Jews" for the coalition's current military action against Iraq.
The Commission should suspend acceptance of report E/CN.4/2003/24 on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, until it was adequately corrected and showed a balanced treatment of the scourge of resurgent anti-Semitism. Mr. Wiesenthal, in the 1920s, had said that he was not so much worried by the voices of the Nazis as by the absent voices of the anti-Nazis.
PEDRO MONTEIRO SENGELE, of International Committee for the Respect and Application of the African Charter of Human and Peoples Rights, said the dawn of the Third Millennium saw the emergence of increasingly subtle and pernicious forms of racism and racial discrimination. Clear commitments had been taken by international community at the World Conference against Racism. But despite some modest progress, an upsurge in discriminatory practices had occurred in many Western countries, especially vis-à-vis Africans who were systematically refused visas to enter the Shenegan area and other European countries, or were expelled under particularly humiliating conditions.
In recent months, Africans who did not have papers had often been forcibly repatriated from Europe to third countries. Some had even died during these operations, which were reminiscent of the slave trade. There was also an increase in discriminatory practices against Africans in the work place and in housing policies. In addition, through the scourge of HIV/AIDS, the African continent was experiencing the worst tragedy of its history, after the slave trade, colonialism and apartheid.
TIMOTHY RICHARD GILL, of the Asian Legal Resource Centre, said that in May 1998, thousands of Indonesian citizens had been murdered and raped, and vast amounts of property destroyed during racist riots against the Chinese community in Jakarta. Five years later, those responsible for the atrocities remained at large. The Government's Joint Fact Finding Team established to investigate the massacre had found that the rioters were encouraged by the absence of security forces, and that the military had played a role in the violence. The team had even identified particular officials to be held accountable.
The Special Rapporteur on violence against women had likewise concluded that massive sexual violence had been committed against the women of ethnic Chinese communities in Jakarta, and that evidence suggested that the riot had been organized. The Government of Indonesia had failed to act against the perpetrators of the massacre because many of its officials operated within a climate of impunity. The failure of the State to bring these people to justice sent a strong message that crimes against humanity were acceptable in Indonesia. The Commission was urged to address this situation. This was a matter of urgency not merely for victims of the massacre, but also for future generations of Indonesians who continued to live under the shadow of racially motivated violence and State impunity.
CATHERINE FERRY, Cairo Institute for Human Rights Studies, said the term apartheid had been legally defined by a number of international treaties as a war crime and a crime against humanity, with a broader meaning and applicability. The treaties included Protocol 1 of the Geneva Convention; the International Criminal Court Statute (1998); and the International Convention on the Suppression and Punishment of the Crime of Apartheid (1997).
The domination and systematic oppression by Israel in the occupied territories was compatible with the descriptions of the Apartheid Convention, which included the denial of the right to life and liberty of person, murder, infliction of serious bodily or mental harm, and deliberate imposition of unacceptable living conditions, among other things. There were some striking similarities in Israel's brand of apartheid to that system used by the former regime of South Africa.
GENEVIEVE GENCIANOS, of Migrant Rights International, said theorganization was particularly concerned over worsening racist and xenophobic attitudes following the September 11 terrorist attacks, and with the effects of several counter-terrorism measures. In many parts of the world, non-nationals, particularly migrants, confronted the daily fear of being singled out, arrested, and detained for reasons of their colour, national origin, race, descent or religion.
Migrants were among the most vulnerable groups of human beings. They were constantly being victimized by discriminatory policies and practices, xenophobic behaviour, and in many cases, were subjected to hate speech that led to violence and racist crimes against them. For these reasons, Migrant Rights International could not overemphasize the value of the global fight against racism, racial discrimination, xenophobia and intolerance.
DOUDOU DIENE, Special Rapporteur on contemporary forms of racism, said there was a consensus that had emerged in this full debate. There seemed to be a general point -- that racism was still prevalent, and that new and more subtle forms of racism were on the increase. Concerning the final document from Durban, it was and should be the final and absolute reference regarding combating racism. It had also been stressed that it was important and urgent to link the legal and political components in the fight against racism with ethical issues. In addition, it had become clear that the fight against racism could not be won if there was no culture of dialogue and respect. The Special Rapporteur intended to implement his mandate with the greatest objectivity, without responding to any pressure, wherever it might come from. Finally, it was dangerous to measure the degree of discrimination through the space given to it in his report. If the Commission felt that separate reports were needed on Islamophobia or on anti-Semitism, the Special Rapporteur would take this under consideration.
PETER LESA KASANDA, Chairperson-Rapporteur of the Working Group of Experts on People of African Descent, said the Group had just started its work and was taking its tasks seriously. It was dealing with concrete measures that could affect the lives of persons of African descent who had been victims of discrimination. The report (E/CN.4/2003/21) was a consolidated one reflecting the two sessions held by the Working Group. He hoped that the Western Group would contribute much to the work of the Group. Every region had its responsibilities in the fight against racism and racial discrimination with regard to people of African descent. The Western Group was urged to appoint experts as members of the Working Group, which it had not done so far. Brazil, by contrast, had been doing a lot to support the Working Group.

Rights of reply
A Representative of the Democratic People's Republic of Korea, speaking in right of reply in response to a statement made by Portugal, expressed indignation at allegations made by Portugal of human rights violations in Korea. Certain countries chose to interfere in the internal affairs of other countries in order to detract attention from their own human rights violations. All attempts at politicization in the area of human rights must be rejected and the principle of objectivity and impartiality observed.
A Representative of Egypt, speaking in right of reply in a response to statements made by the representatives of some non-governmental organizations, said the idea of anti-Semitism was a European concept and did not exist in other cultures. It was clear that the peoples of Semitic and Arabic origin were all sons of Abraham and the same. Therefore, anti-Semitism from Arabs would be resentment of oneself. Regarding the anti-Semitic films and books mentioned, it had to be stressed that they had covered specific historical periods and had nothing to do with the Jewish faith. In this connection, Egypt also wished to stress the importance of respect for all religions.



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