COMMISSION ON HUMAN RIGHTS CONTINUES DEBATE ON RACISM

Commission on Human Rights
58th session
21 March 2002
Evening



Countries Urge Practical Steps to Implement
Outcome of World Conference



The Commission on Human Rights carried on this evening with its annual discussion of racism, hearing from a series of countries stressing that while the Durban Declaration and Plan of Action results of last Septembers World Conference against Racism had set a useful framework for progress, real success would only come from practically devised national and international efforts to end racism.
Criticism also was voiced, both of the World Conference and of recent developments. Zambia charged that failure to give an explicit apology to victims of colonialism, slavery and the slave trade by those States that were involved in these barbaric practices had weakened the outcome of the summit. Guatemala termed the World Conferences discussion of the situation in the Middle East unacceptable and beyond comprehension.
Pakistan said that in recent months there had been an upsurge in religious and racial profiling, especially of Muslims, blatant repression of religious and ethnic minorities, and violations of the rights of migrants and asylum seekers in the wake of the terrorist attacks of 11 September. And China said that convening a World Conference, adopting a Programme of Action, and establishing an Anti-Discrimination Unit in the Office of the High Commissioner for Human Rights were not enough action should be taken by the international community to eliminate the economic causes of racism.
Representatives of Spain (on behalf of the European Union), Costa Rica, Cuba, Mexico, the Committee on the Elimination of Racial Discrimination, India, Syria, Ecuador, the Czech Republic, Uruguay, Indonesia, Thailand, Algeria, Norway, the World Bank, Iraq, the United Nations Development Programme, Iran, Lithuania, and the Holy See also addressed the meeting.
The Commission will reconvene at 10 a.m. Friday, 22 March, and is expected to conclude debate on matters related to racism.

Statements
JOAQUIN PEREZ-VILLANUEVA Y TOVAR (Spain), speaking on behalf of the European Union, said intolerance and manifestations of racism and racial discrimination in their different forms were daily realities that unfortunately were very present throughout the world. Many individuals and groups of individuals were still subject to discrimination on the grounds of race, colour, descent or national or ethnic origin. In addition, victims could suffer multiple or aggravated forms of discrimination based on other related grounds such as sex, language, religion, political or other opinion, national, social origin, sexual orientation, work and descent, property, birth or other status. The EU believed it was necessary to redouble efforts to combat these scourges at the national, regional and international levels. The EU also attached great importance to the fight against anti-Semitism and welcomed that the Durban Conference had stressed the need to take concrete action to combat this manifestation of racism.
The fight against racism and racial discrimination was a responsibility and a duty of all members of the international community. Respect for human rights and fundamental freedoms together with democracy, good governance and the rule of law were essential for the prevention and effective elimination of racism. The fight against racism was a key element of the policies of the EU. The EU had made numerous efforts to carry on this fight, especially through the adoption of national and European anti-discrimination legislation. The EU based its very existence on the idea that all men and women were born free and equal, with inherent dignity. As stated in the Durban Declaration and Programme of Action, all peoples and individuals constituted one human family. The moment had come to act and transform Durban into a reality, to establish a world based on respect for human rights and fundamental freedoms, equality, dignity and the cultural diversity that enriched humanity as a whole.
IMTIAZ HUSSAIM (Pakistan) said that in recent months there had been an upsurge in religious and racial profiling, blatant repression of religious and ethnic minorities and violations of the rights of migrants and asylum seekers. The terrorist attacks of 11 September had provoked racist reactions against Muslims, Arabs and other Middle Eastern populations in a number of countries. There had been reports of an increase in insults, physical assaults against members of these communities and destruction of their property. All of this had been attested by the Special Rapporteur on Racism. Fortunately, political leadership had spoken out against the racist reactions and called for harmony. Unfortunately, at the societal level, the intolerance directed at Muslims and Arabs continued. The Commission was called upon to suggest concrete measures to eliminate all forms of racial and religious profiling of Muslims and other minorities, arrest the organized campaign to defame Islam and its followers and protect the rights of migrants and religious groups, especially Muslims.
Concerning the Durban Programme of Action, the Commission was urged to provide clear guidance on the elaboration of the terms of reference of the five independent experts; measures to improve the working methods and staffing of the recently established anti-discrimination unit; list candidates to promote respect for human rights and a culture of tolerance; and help with the establishment of a working group on the rights of people of African descent.
RUIZ ANGULO (Costa Rica) said that today's world was characterized by two phenomena: on the one hand, globalization of economic, social and cultural life and the emergence of a global conscience and on the other the renewed emphasis on local societies and their diversity and particularities.
In this new context of tension between the global and the local, between integration and fragmentation, new conflicts and threats to world security had emerged. Human security must be based on the right to life, on meeting basic needs, and on respecting human diversity. The Durban Declaration and Programme of Action came at an appropriate time and could allow a new chapter of reconciliation to be opened. Costa Rica was committed to combating racial discrimination and had stressed this commitment in the preparatory process for the World Conference.
RODOLFO REYES RODRIGUEZ (Cuba) said that some very important questions had been left pending at Durban. Cuba would continue insisting on the need for slavery and the transatlantic African slave trade be declared crimes against humanity, and for the need of the victims of such criminal practices as well as the victims of colonialism and the genocidal exploitation of indigenous peoples, to receive the deserved reparations and compensation, as a pending measure of historic justice. Cuba was ready to move from commitment to action. Unfortunately, the positive influence on the fight against racism and xenophobia given by the Durban process had not been enough to put an end to these grave violations of human rights. Every day, the threats posed by racist and xenophobic forces were growing and becoming more serious.
In Western and Eastern Europe, as well as in North America, ultra-right-wing and neo-fascist ideas had been gaining ground, poisoning the minds of an increasing part of the population. Different factors generated and deepened the manifestation of racism. Unequal distribution of wealth, aggravated by liberalization of markets and globalisation based on individualistic principles was, without a doubt, the main factor. The most critical case, the most persistent picture of massive and fragrant violations of human rights of this sort, was the United States. No other country revealed a more illustrative case of systematic racism. The international community could not remain passive. The Commission must call upon the Government of the United States to stop its massive and systematic violations of human rights carried out against their minorities and indigenous peoples.
LA YIFAN (China) said a top priority for the international community was implementation of the Declaration and Program of Action of the Durban Conference. Although the Conference was over, the objective of the international community of eliminating racism was far from realized. The wounds and damage caused by colonialism, foreign aggression and the slave trade had not yet been completely healed. In some developed countries neo-fascism, neo-Nazism, xenophobia and discrimination against migrant workers was on the rise. Globalization had widened the gap between the rich and the poor. While the developed countries were reaping huge profits, many developing countries were being further marginalized.
The convocation of a World Conference against Racism, the adoption of a Programme of Action or the establishment of an Anti-Discrimination Unit was not enough to root out the social evil or racism. Concrete action should be taken by the international community, including by assisting in the development of developing countries, by eliminating the economic causes of racism and by advocating tolerance and mutual respect among civilizations.
MARICLAIRE ACOSTA (Mexico) said that following 11 September, the Durban Declaration was more important that ever. No one could deny the need to strengthen instruments against racism. This was the only way to guarantee human rights. Increased protection for all vulnerable groups and people was essential. Discrimination was a subtle form of violation of human rights, however; it affected and caused structural problems in the social, economic and legal fields of society. One of the most important areas of focus must be worrying trends of racial superiority and ethnic community violence.
Discrimination based on race, religion or ethnic origin was constant throughout the world irrespective of the level of development of a State. It was therefore necessary to pull together and cooperate, particularly in terms of reparations and in the recognition of the need for diversity. Harmonious co-existence needed to be encouraged and a culture of tolerance needed to be promoted. In Mexico several actions had been undertaken in the battle against racism, particularly in the institutional and legal fields. The Constitution had been reformed and now prevented all forms of discrimination. Using this Constitutional provision, a draft law had been developed which also included provisions for compensation. Mexico was convinced of the importance of providing both mechanisms and resources to fighting racism and discrimination, and a national programme would be drawn up in cooperation with the Office of the High Commissioner.
ION DIACONU, Chairman of the Committee on the Elimination of Racial Discrimination (CERD), said CERD had already begun follow-up to the Durban Conference and had just adopted a series of recommendations; through this document, the Committee suggested measures States could take to enhance implementation of the Convention on the Elimination of Racial Discrimination; it asked national institutions to assist States in preparing the reports submitted to the Committee, and to ensure that the conclusions and recommendations of the Committee on States' Parties reports were implemented. The Committee also had adopted a letter to the High Commissioner for Human Rights that unequivocally condemned the terrorist acts of 11 September but also noted that the Committee would carefully monitor any actions, regulations and laws resulting from efforts to respond to terrorism for any traces of racism.
In considering the reports of States parties at its most recent session, the Committee had come up with questions based on the outcomes of the Durban documents. It also had recommended that States take into account relevant provisions of the Durban Declaration in implementing their domestic legislation related to fighting racism. At the Committee's August session there would be a thematic discussion to clarify the concept of "dissent"; there also soon be an inter-body meeting to craft measures for implementing the Durban Declaration. The Committee needed support from other relevant bodies to carry out its work effectively.
RAMANATHAN KUMAR (India) said racism unfortunately persisted around the world. Among its manifestations were glaring economic disparities; bigotry, chauvinism and violence against diversity, tolerance and pluralism; absence or undermining of democracy and the rule of law; political concepts in which foreigners were regarded as rivals or competitors or threats to local prosperity, culture or identity; racist laws in relation to immigration, citizenship, and refugee flows; and political platforms based on race-related hatred and discrimination. Of particular concern lately had been cases of the overthrow of constitutionally established Governments, among other things to promote racism and racial discrimination. Equally condemnable were instances of oppression, backed by States in some cases, of national, sectarian and linguistic minorities.
Unfortunately there had been a deliberate attempt by some to dilute the focus on racism and racial discrimination by broadening the scope of the issue to other forms of discrimination. India was strongly opposed to such attempts. There was a need to use education to battle racism; the mass media should be encouraged to promote ideas of tolerance and understanding among peoples. The Durban Declaration and Programme and Action had provided a sound basis for further action. The need now was to implement the plan of action without wasting time on sterile debates on issues on which consensus could not be reached in Durban.
ANTONIO ARENALES FORNO (Guatemala) said many of the commitments made in Durban made up a useful framework for the fight against racism and discrimination. As had already been stated, Guatemala had made reservations and had dissociated itself from several paragraphs referring to the Middle East and indigenous peoples. With regard to the latter, a universally accepted framework for the rights of indigenous peoples still needed to be established. Guatemala fully supported the human rights of indigenous peoples and believed there was a necessity to fully recognize the rights of indigenous peoples without restrictions.
As far as the Middle East was concerned, it was unacceptable and beyond comprehension how the issue had been tackled. First of all, this situation was not on the Conference agenda, and the way in which it was dealt with included political aspects which must be resolved between the two parties. The debate also had included issues which were not relevant, such as that of refugees. Most unacceptable was that there had been no adequate treatment of the Holocaust or anti-Semitism, which constituted the worst kind of discrimination. This would always would be a black mark on the Durban Conference
FAYSAL HAMOUI (Syria) said racial discrimination, racism, and xenophobia appeared to be on the rise. There were renewed instances of these scourges which ran counter to the principles of human rights. Many people continued to suffer from racism across the world. The Palestinian people, the population of the occupied Syrian Golan and the people of Lebanon were all subject to racial discrimination on the part of Israel. The same people who claimed to be victims of discrimination were those who subjected the Palestinians to all forms of discrimination in defiance of all international instruments.
The measures taken by States were insufficient to put an end to discrimination. Islam was a religion of tolerance; however, some tried to distort the tenets of Islam. It was to be hoped that the Durban Conference's resolutions would be implemented. The causes of racism should be also addressed. Victims of racism should be compensated and the perpetrators of racist acts punished.
JOSE VALENCIA AMORES (Ecuador) said the United Nations system had a role to play in the elimination of racism and discrimination. The agreements reached in the Durban Plan of Action represented firm international commitments which would have positive effects in the years to come. Ecuador prohibited discrimination and promoted and encouraged diversity and tolerance. The commitment to this principle and human rights had been the guiding principle for Ecuador for several years.
The challenge now was implementation of the Durban documents. Ecuador had the necessary human rights institutions to do so. It was submitting a draft resolution on migrants and their families to this session of the Commission. The Secretariats plan for an anti-discrimination unit was welcome, as was the setting up of a database. These tools would be particularly important and useful. Ecuador would participate actively in the follow-up to the Durban Conference.
JIRI DIENSTBIER (the Czech Republic) said existing instruments for combating racism had been described as paralysed due to their ineffectiveness, sometimes also due to ignorance as to how to implement them. As part of its campaign to eradicate racism, the Czech Republic had undertaken awareness-raising campaigns and affirmative action programmes with the explicit aim of strengthening a multicultural integration of target groups.
The Czech Republic considered the final document of the Durban Conference a solid basis for future strengthening of the combat against the scourge of racism, it and had already launched its first mechanisms for implementation of the Durban Declaration.
ALEJANDRO ARREGUI (Uruguay) said the preparatory phase for the World Conference in Durban had been a useful exercise for Uruguay on the sub-regional, regional and local levels. A sub-regional meeting had been held in Uruguay, with the participation of civil society, looking at the outcome of the Conference. Also participating was High Commissioner Mary Robinson and other key people of the Durban process. With courage and transparency the true facts of the region had been admitted, including the colonial past and the need to the identify victims.
At a national level, Durban had had a stimulating effect on Uruguay. In the national document, particular mention was made of people of African descent and of indigenous peoples. Affirmative action policies would shortly be strengthened to redress imbalances in the country. Recent studies had made visible aspects of racism and discrimination that had previously been invisible. Education was a powerful transformer of collective awareness. There had been many joint activities with civil society aimed at full implementation of the Durban programme of action.
DJISMUN KASRI (Indonesia) said the stories which had dominated the international media in recent months had centred on the twin topics of terrorism and the terrible events unfolding in the Middle East. These two issues were undeniably linked, for terrorism invariably stemmed, rightly or wrongly, from a deep sense of injustice, which in turn led to deep hatred. The tragedy afflicting the occupied Arab territories resulted directly from failure to respect both the principles of tolerance and the human rights of the Palestinians. As the tragic events of 11 September had demonstrated, the ongoing bloody conflict posed a threat not only to the stability of the Middle East but also to international security.
In this regard the World Conference against Racism held in Durban had provided a timely opportunity for the international community to renew its commitment to promoting the equality, dignity and rights of all human beings. Despite the number of significant conventions, conferences and programmes of action which had been draw up and signed in past years, discrimination and intolerance sadly continued to be part of today's reality. The Indonesian Government was currently working behind the scenes to rewrite discriminatory legislation. The Government had revoked a number of laws and ordinances deemed ethnically discriminatory, most notably those governing the status of the Indonesian Chinese population. Last year, the Government also announced that it was in the process of granting citizenship to nearly 140,000 stateless ethnic Chinese in Indonesia.
ARJAREE SRIRATANABAN (Thailand) said one must not judge the success of Durban merely by its documented outcome, which had been subject to political compromises. The Durban document was not a magic prescription but it was the best available blueprint against racial discrimination for Governments and other concerned actors to implement, apply and further expand. It must be measured by how much all stakeholders, particularly Governments, had succeeded in implementing their commitments to alleviate the plight of victims of discrimination. It was time for the international community to overcome the differences that had marred the Durban process -- it was time to be forward-looking and to live up to the commitments made there.
In the fight against racism and discrimination prevention was essential. Negative attitudes and perceptions of one people towards another of a different racial backgrounds must be changed. This fight must be pursued at home and schools as much as in the workplace. Information and communication technologies must be used to support these efforts. Education and awareness-raising were critical. It was essential that the international community remain vigilant and monitor constantly the progress of implementation of the Durban outcome, not only at the national but also at the international levels. At the same time, one needed to reflect whether what had been done had reached the objectives set and whether further action was required.
BONAVENTURA M. BOWA (Zambia) said that at Durban the world had witnessed the regional divide on the understanding of human rights. This divide manifested itself in extreme positions taken by all regional groupings and had almost torpedoed the Conference to the detriment of millions of people. It was no secret that no explicit apology was given to the victims of colonialism, slavery and the slave trade by those States that were involved in this barbaric practice. There was no doubt that no real healing could take place in the minds and hearts of victims in the absence of an apology.
Africa continued to suffer from all forms of exclusion, especially in the world economic order. Because of deprivation, millions in Africa continued to be victims and were forced to live in abject poverty. Unfortunately, this situation was only understood by Africans themselves whose efforts to change their lot remained without sympathy from those who could make a difference.
LAZHAR SOUALEM (Algeria) said the international community was at a crossroads in the struggle against racism. Unfortunately, three decades of United Nations efforts had not been enough to eliminate racism or discrimination. At the end of the Third Decade against Racism, the Commission was more important than ever before in ensuring proper implementation of the Durban document. Racism was frequently based on the false ideas of racial superiority. It was worrying that in some countries modern forms of racism had gained some legal and institutional credence, leading to exclusionary policies. In these countries there were also xenophobic organizations calling for and inciting hatred. Through freedom of expression, the media also was claiming that all the world's ills could be put on the doorstep of certain people, as was visible in the fight against terrorism.
In some countries, educational systems even taught children stereotypes and hatred. Racism and discrimination were also visible in the employment and housing sectors. It was essential that countries not engage in political opportunitism but simply followed the Universal Declaration of Human Rights which clearly stated that all people were equal. Racism was nourished by globalization, which had led to the concentration of wealth in some areas. Globalization was leading to a greater gap between the rich and the poor. The Durban Conference had awakened the world's conscience and it was time to ensure that the Durban recommendations were indeed implemented.
MARTIN TORE BJORNDAL (Norway) said the main battles against racism and racial discrimination had to be fought at the national, local and personal levels. Discrimination was often rooted in ignorance and misinformation. Lack of knowledge and hence of understanding and acceptance of each other was at the very core of the problem of racism. This was why Norway strongly believed in the inclusion of anti-discrimination and anti-racism components in educational curricula and social programmes. These were long-term measures in Norway's efforts to reduce discrimination.
National policy programmes and plans of action for the elimination of racism and racial discrimination were other core elements highlighted at Durban. The process of developing such plans had in Norway proved to be very useful as it had involved many different actors in an open and inclusive manner. Norway was currently in the process of reviewing and revising its existing national action plan against racism in the light of the outcome of Durban. The process should soon be completed. Non-governmental organizations and national human rights institutions also had an important role to play in the struggle against racism, xenophobia and intolerance.
ALFREDO SFEIR-YOUNIS, of the World Bank, said socio economic development was the most effective and powerful complement to a human rights approach to racism and discrimination. Protection of and respect for minority rights was not only for the benefit of specific minorities but also for the realization of those rights to the benefit of everyone on the planet. It was impossible to foresee in the future any realization of rights if these were not accompanied by major improvements in human welfare and significant prosperity, particularly for the poorest of the poor. On the macroeconomic front, the experience of many countries demonstrated that macroeconomic instability especially affected minority groups. Principles of human rights and the implementation of human rights must be anchored in well-functioning and well-governed institutions.
The World Bank stood ready to assist any developing country which decided to open space for the elimination of racism and discrimination. The World Bank recognized that it had not always chosen the course that was ultimately right. It had known failure and had made mistakes and regretted any actions it had undertaken, however well-intentioned, that may have worsened the plight of those suffering from discrimination and dispossession.
SAAD. A. O. HUSSAIN (Iraq) said the events of 11 September had disclosed a painful reality confirming that the international community was far away from an objective it had always been aspired to. This was embodied in the attempts aiming at insinuating hatred against Arabs and Muslims, and the distortion of Islam and its civilization by linking it to terrorism. Furthermore, racist practices against Islamic and Arab minorities had been detected, particularly in the United States and European countries where Muslims and Arabs had been subjected to assault and violations of their basic human rights. Iraq was suffering from discrimination, injustice and deprivation. The people of Iraq, with all its nationalities and minorities, were suffering as a result of the 11-year long economic embargo and daily military aggression. These acts had resulted in the crime of human genocide and had claimed the lives of 1.6 million people.
In occupied Palestine, the Israeli occupying power had exploited the anti-Arab and anti-Muslim atmosphere and the international communities preoccupation with its so-called fight against terrorism. Israel had practised the ugliest forms of terrorism against the Palestinian people, including barbaric slaughters, the destruction of property and the isolation of villages. Undoubtedly, the African continent was the largest victim of racial discrimination. All African people had suffered from the colonialist era, foreign occupation, and the plundering of Africa's wealth and resources. The colonial powers must shoulder their responsibility and offer compensation and apologies for that dark era.
ODILE SORGHO-MOULINIER, of the United Nations Development Programme (UNDP), said the agency had enjoyed several years of close cooperation with the High Commissioner in the integration of human rights with sustainable human development and in advancing human rights in all regions of the world. UNDP had joined other actors in a common endeavour to combat racism. This implied the need to take adequate measures to follow up the implementation of the Programme of Action adopted at the Durban Conference.
UNDP would pursue its actions in favour of indigenous communities, support the strengthening of national mechanisms to promote and protect the human rights of victims of racism, address the sources, causes , forms and contemporary manifestations of racism and support measures of prevention, education and protection aimed at the eradication of racism. It also would support the adoption and implementation of strategies to achieve full and effective equality.
MOHAMMAD REZA ALBORZI (Iran) said the recommendations made in Durban in a spirit of cooperation needed to be followed up in the same spirit and carried out efficiently and vigorously. A world-wide strategy against racism and discrimination could only succeed with the cooperation of States, international organizations, non-governmental organizations, individuals, and communities. The Durban document must be kept alive through the proper functioning of the follow-up mechanism contained in the document itself, among other things through the creation if the Anti-Discrimination Unit and the appointment of five eminent experts. Iran had made every effort possible to get the Conference to produce action-oriented and tangible results. This commitment stemmed from the Iranian value system, which stood for the inherent dignity of all members of the human family.
The Durban document had, however, failed to properly address the horrendous racial discrimination against Palestinians through Israeli practices. Furthermore, the reprehensible attacks against Arabs and Muslims in the aftermath of 11 September amply indicated the need of bring the spirit and recommendations of the World Conference to everyone's daily life. Islamic countries jointly condemned those terrorist attacks -- a position which emanated from Islam itself. The Dialogue among Civilizations was a genuine invitation to cultures and civilizations to engage in a constructive interaction leading to mutual understanding and cooperation.
ALGIMANTAS RIMKUNAS (Lithuania) said racism was disgraceful. Lithuania home to people of many other national and ethnic groups and it had been so for many centuries. It had been always considered in Lithuania that the input of these many peoples was an indispensable part of Lithuania’s heritage. Since 1989, the Law on National Minorities had set the main rules for relations between national minorities and the State. State support for cultural development of Lithuania's national communities and the guarantee of freedom and independence of their cultural activities was reflected in the Government's Programme for 2001-2004.
The Government also had approved a programme for integration of the Roma into Lithuanian society and a Roma community centre had been opened in 2001. The issues of the Holocaust were included in Lithuanian textbooks as well as in university curricula. The country also had hosted an international conference on the Dialogue among Civilizations in 2001.
DIARMUID MARTIN, of the Holy See, said the Durban Conference had set out to design a common roadmap for reading the contemporary situation of racism and for indicating the road towards a future of more fruitful interaction and coexistence. The road to Durban had not been an easy one and the map that had resulted might not be the complete path for the future that one might have desired. But together with General Assembly resolutions, the results of the Conference offered sufficient material to move forward, in broad consensus, in the fight against terrorism. There was an evident awareness in so many parts of the world that one must foster a new spirit of dialogue and coexistence. Unless racism was addressed rapidly and at its roots, then its consequences would dramatically eat away at the fabric of human cooperation.
Each country must set in place appropriate national structures to address the questions of racism, with special attention to situations where racist sentiments could prevent the vulnerable from fully exercising their human rights. National programmes must be quick to monitor the emergence of new forms of racism. The global community must develop a positive image of migration. Each generation must say its "no" to racism and construct its "yes" to truth, justice, freedom and love, so that every human person could enjoy his inalienable rights, and every people, peace.



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