COMMISSION ON HUMAN RIGHTS CONTINUES TO HEAR STATEMENTSON RACISM, RACIAL DISCRIMINATION, AND XENOPHOBIA

Commission on Human Rights
57th session
23 March 2001
Afternoon





Pakistan’s Minister for Law, Justice and Human Rights Addresses Commission



The Commission on Human Rights this afternoon continued its debate on racism, racial discrimination, xenophobia and related intolerance, with speakers giving special emphasis to the forthcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.

Several speakers said that the upcoming World Conference against Racism would offer the opportunity to intensify the fight against racism and xenophobia. The resurgence of racism in different forms, particularly in the developed world, was also highlighted by some speakers who underlined the need to fight the phenomenon of racism which was mainly directed against foreigners.

Also this afternoon, the Minister of Law, Justice and Human Rights of Pakistan, Shahida Jamil, addressed the Commission, saying that her country needed peace to succeed in its efforts for economic revival. She said that despite an increasing threat being posed by India to regional peace and stability, Pakistan had reduced its defence expenditure, while India had increased it by over 50 per cent in the last two years. It was unfortunate that India and Pakistan had never been able to resolve any major dispute bilaterally, she said.

Mrs. Jamil said that Pakistan continued to host more than 2 million Afghan refugees and as a result, it had witnessed a rise in religious extremism both across its borders and within its society. She said that Pakistan had sought more than anyone else to moderate and modify the policies of the Taliban, including during the recent and most regrettable desecration of the Buddhist statues.


Representatives from Costa Rica, Cuba, India, Poland, Saudi Arabia, Qatar and Kenya offered statements. Also, officials from the observer States of Switzerland, Iran, San Marino, Jordan, Austria, the Holy See, Egypt, Eritrea, Kuwait, Sri Lanka, Turkey and the Democratic People’s Republic of Korea took the floor.

Representatives of the International Federation of the Red Cross and Red Crescent Societies, the World Bank and the Joint United Nations Programme on HIV/AIDS (UNAIDS) also took part in the debate.

India and Pakistan exercised their right of reply.

When the Commission reconvenes at 10 a.m. on Monday, 26 March, it will hold a one-day special debate on "Tolerance and Respect" with the participation of renown personalities.


Statements

SHAHIDA JAMIL, Minister of Law, Justice and Human Rights of Pakistan, said that gender-sensitivity was a major objective of the present Government which had appointed for the first time in Pakistan's history seven women to key decision-making positions. The Citizenship Act was also amended to enable women married to foreign nationals to claim Pakistani citizenship for their children. The most remarkable feature in gender-sensitivity by the present Government had been the recent Local Government Plan in which women had been allocated 33 per cent of the seats in the local councils. Almost 44,000 women were on the verge of political empowerment and would be taking their seats in the local councils by 14 August 2001.

The new Government had pursued with vigour a poverty alleviation programme. The conditions of prisoners were also evaluated throughout the country. Thousands of persons were found languishing in jail for periods longer than the sentences that could be imposed for the crimes for which they had been arrested. Similarly, the Judiciary as a whole also suffered neglect and the Government was taking measures to reduce the delays in court hearings. The neglect in proper resource allocation for the Police was also being redressed. With regard to freedom of expression, newspapers were free to critically evaluate government policy and the people of Pakistan were free to discuss public issues. Further, the setting up of private television and radio channels was under consideration.

The Government attached the highest priority to reviving Pakistan's economy and rooting out mismanagement and corruption. Sustained economic growth would require a major restructuring of Pakistan's heavy external debt and fair and more liberal access to the markets of developed countries. Pakistan's socio-economic problems had no doubt been greatly intensified by the fall out from the prolonged conflict in Afghanistan. Pakistan continued to host more than 2 million Afghan refugees. As a consequence, it had witnessed a rise in religious extremism both across its borders and within its society. Pakistan had sought more than anyone else to moderate and modify the policies of the Taliban, including during the recent and most regrettable desecration of the Buddhist statues.

Pakistan needed peace to succeed in its efforts for economic revival. Despite an increasing threat being posed by India to regional peace and stability, Pakistan had reduced its defence expenditure, while India had increased it by over 50 per cent in the last two years. It was unfortunate that India and Pakistan had never been able to resolve any major dispute bilaterally and it was evident that the international community needed to engage constructively with India and Pakistan.

CHRISTIAN GUILLERMO (Costa Rica) said that ensuring the fundamental rights of men and women had been basic to the history of Costa Rica. Respect for human rights lay at the heart of Costa Rica's foreign policy. Costa Rica was party to the Convention on the Elimination of all Forms of Racial Discrimination and had acceded to the article which accepted the authority of the Committee on the Elimination of Racial Discrimination to investigate private communications. Internally, Costa Rica had a legal framework ensuring the rights of all. The national identity of Costa Ricans had developed from the contributions of members of various ethnic groups; Costa Rican society was multi-cultural and multi-ethnic. A revision of Article 1 of the Costa Rican Constitution had been planned to recognize the multi-ethnicity of the country. A national policy against racism was to be presented by the President in a few weeks time.

Thousands of people were victims of racism and racial discrimination. Costa Rica planned to attend the World Conference against Racism and was prepared take part in the efforts to make recommendations on universal values to be used to combat racism and racial discrimination. Joint efforts were needed to make progress. The rich diversity of societies contributed to the building of cultures of mutual respect and democratic political systems.

RODOLFO REYES RODRIGUEZ (Cuba) said that as the international community was getting closer to the convening of the World Conference against Racism, the consideration of the current agenda acquired a high relevance. Threats of xenophobia and racist forces were becoming stronger and more dangerous. It seemed as if the lessons of history had been forgotten. The international community was witness to the worrying reappearance and strengthening, in different parts of the world, of new and more sophisticated forms of racism, racial discrimination and xenophobia. However, their growing dissemination faced an unquestionable reality; it was in the industrialized world where these phenomena were present in a more alarming, perfidious and subtle form.

In Western and Eastern Europe, and in North America, ultra-rightist and neo-fascist ideas were gaining ground and poisoning a growing part of public opinion. Political parties with platforms promoting racial exclusion had become more powerful and had obtained quotas of power within the political scenery of some industrialized countries. There were countries which even facilitated the financing of those political groups of racist nature with State budget resources. In the United States, the annual average income of a white family practically was double that of an Afro-American family. Black men had thirteen times more possibility of being sentenced to longer terms than white men did when they were involved in drug crimes, although most of the drug dealers in the United States were white men. The Hispanic population in the United States had also become one of the sectors submitted to exclusion and segregation. In the Czech Republic, the Roma children were systematically registered in special schools for mentally disabled children; and violence against the Roma population had reached very high levels.

SAVITRI KUNADI (India) said that her country had always been at the forefront of the international endeavours to combat racism and racial discrimination. India regarded racism and racial discrimination as the anti-thesis of everything humanity should stand for - justice, peace and progress. India's contribution to the anti-colonial liberation movements around the world was well known. The Constitution of India prohibited discrimination on any ground, including race.

Despite mankind's impressive triumph against apartheid, the phenomena of racism and racial discrimination continued to persist and grow in many parts of the world. Our global civilization was witness to a recrudescence of extreme forms of exclusivity, hatred and racial discrimination. Racism and racial discrimination were taking increasingly violent forms, necessitating a purpose oriented approach to combat these evils. Promulgation of stringent national laws against racism, their strict implementation and the setting up of independent national institutions, with powers to address effectively the evils of racism and racial discrimination were some essential steps in the combat against racism.

KRZYSZTOF JAKUBOWSKI (Poland) said it was necessary to overcome the differences that had arisen in the preparatory process for the World Conference against Racism. The fundamental character of the Conference's objectives necessitated united efforts to prepare an adequate programme of action to be effectively treated. Countries needed to guard against local varieties of racism. A regional seminar of Central and Eastern European experts which met in Warsaw last July had discussed ways of protecting ethnic minorities and strengthening human rights at the national level. The discussion took into account the distinctive nature of racism in Central and Eastern Europe, discrimination against ethnic minorities, immigrants, asylum seekers and anti-Semitism.

The participants had highlighted the importance of new challenges with instances of ethnic and national consciousness which flickered into life in apparently homogenous societies. But the dislike of strangers had not degenerated into hatred or crime everywhere, nor had parties committed to crude, flag-waving rhetoric of nationalism, racism and anti-Semitism asserted their influence on State policies. The utmost was being done to counteract threats with legislation, improved administrative practices and special educational programmes. Poland was firmly committed to act with dedication for the successful outcome of the Durban Conference.

ABDULWAHAB ATTAR (Saudi Arabia) said his country attached great importance to the forthcoming World Conference against Racism and had participated in the preparatory meetings in Geneva and Teheran in the hope that the international community would help to ensure the success of the Conference. The international community should be made aware of all the consequences of discrimination, which all States should combat through concerted efforts. All should oppose any ideologies based on racial superiority and intolerance. Saudi Arabia felt grave concern at the widespread manifestations, in some countries, of discrimination against adherents of the Islamic religion and at the attempts to associate Islam with certain negative phenomena such as terrorism and intolerance. All those attempts, and particularly those made by some non-governmental organizations and some of the media, were acts of discrimination against Islam as a religion and against its followers. It was hoped that the Durban Conference would produce universally acceptable results that would reflect the apprehensions concerning ongoing discrimination against Islam and Muslims.

KHALID J. ALTHANI (Qatar) said that in five months the international community would be looking to South Africa where the World Conference against Racism would take place. The last century had seen the most abject forms of racism and intolerance, which constituted flagrant violations of basic human values. Equality must be achieved for all regardless of race, colour or creed. Muslim religion rejected all forms of discrimination. Indeed, Islam had created a social order which promoted freedom and justice and protected the rights of all members of society.



The media had an important role to play in increasing awareness of human feelings and values. Education could also play a pivotal role in teaching respect for the other, preventing ignorance and discouraging manifestations of racial discrimination. The World Conference against Racism provided a historic opportunity to achieve concrete results and unite the international community in its struggle against the scourge of racism, racial discrimination and other forms of related intolerance.

A. C. MOHAMED (Kenya), on behalf of the African Group, thanked the international community for deciding to convene the World Conference against Racism. The African Group was concerned about the progress of the preparatory work for the World Conference. The time before the Conference needed to be used well so that a smooth process was assured during the Conference. The African Group's expectations were reflected in the declaration adopted in Dakar at the African preparatory meeting. For the World Conference to succeed, creative and effective means to combat racism, racial discrimination, xenophobia and related intolerance were needed. Historical injustices needed to be admitted and remedied by the parties. Action oriented, forward looking solutions were needed to deal effectively with the scourge of racism.

Extreme right political parties played a role in promoting racism and racial discrimination. It was regrettable that they were given legal status and allowed to operate freely in spreading racist propaganda. The use of the Internet to spread ideas of racial superiority and intolerance was lamentable. The Conference was called upon to address the media's negative portrayal of Africa which perpetuated negative stereotypes and ignored positive aspects.

MALIKA AIT-MOHAMED PARENT, of the International Federation of Red Cross and Red Crescent Societies, said that for many years, the Federation had been working directly or indirectly against racism, racial discrimination, xenophobia and all other forms of intolerance. During the last International Conference of the Red Cross and Red Crescent which was held at the end of 1999, States had committed themselves to cooperate and take the initiatives to promote tolerance, non-violence in the community and to respect the cultural diversity. In addition, as attested in its "Strategy 2010", the Federation should defend the individual and collective values which would incite the respect for others and the will to work together in order to seek solutions to communal problems. The Federation possessed unique assets which would enable it to contribute to those efforts, thanks to its mandate and the fundamental principles that its esteemed emblem enjoyed. The combat against racism, racial discrimination, xenophobia and related intolerance needed the commitment of each and everyone.

FRANCOIS NORDMANN (Switzerland) said there were instruments to combat racism, including international conventions. It was the obligation of every State to combat racism, racial discrimination and other forms of related intolerance. States had to ensure that adequate resources were made available to this end. Switzerland attached great importance to the principle of non-discrimination, which constituted the very foundation of international law. Switzerland wished to underline the importance of non-discrimination as the fundamental principle of international humanitarian law applicable during armed conflicts and called on all States to respect the Geneva Conventions.


Switzerland called for the establishment of independent institutions charged with monitoring incidents of racism. The Internet could also play a positive role in combatting racism. Switzerland was also concerned about the use of the Internet to disseminate racist materials and incite to racial hatred. It was imperative to come up with a coordinated international response to this phenomenon during the World Conference.

ALI KHORRAM (Islamic Republic of Iran) said that the persistence of theories of racial and cultural superiority made necessary further awareness and consolidated efforts on the part of all the countries of the world. As the host of the Asian States' Regional Preparatory Meeting for the World Conference against Racism, Iran had the opportunity to contribute to the struggle against racism. There was concern that the principle objectives of the Three Decades to Combat Racism and Racial Discrimination had not been attained. Dialogue among civilizations facilitated the promotion of a culture of tolerance and respect for diversity and was best achieved through cooperation and mutual enrichment in various fields of human endeavour. The issues of the Palestinian refugees and displaced victims of racism and racial discrimination, increasing attacks of Islamophobia, and the use of the Internet to propagate racial hatred were of concern.

Doctrines of racial superiority needed to be eliminated in order to eradicate racism. Subtle forms of discrimination had widened the existing gap between North and South with the latter often denied its rights to equal opportunity in political and economic decision making. The task of combatting racism was not complete until an equitable participation of all countries of the world in the formulation of a just and inclusive international order is guaranteed.

FEDERICA BIGI (Saint-Marin) said that if the commitment of the international community to resolve the problem of racism and racial discrimination had been taken a long time ago, it would have had positive results and today, the problem of racial discrimination would not have existed. However, the problem had, unfortunately, persisted. In some regions of the world, the problem had even spread further and one could say that all parts of the world were affected. At the current age of globalization, which was not only economic and commercial, but also affected social and cultural issues, no country or society could allow itself to remain indifferent to the problem. How could one remain indifferent in the face of the ethnic-cleansing, genocide, contemporary forms of slavery and acts of violence against vulnerable groups? The international community had a primary responsibility and the World Conference against Racism would provide the occasion to seriously and constructively face the different aspects of the problem pertaining to racism.

SHEHAB A. MADI (Jordan) said racism was a serious violation of human rights. New forms of racism had arisen; ideologies of racial superiority had grown and multiple contemporary expressions of intolerance had been manifested. Ethnic violence and tribal rivalries plagued societies in transition and the historic legacies of colonialism and slavery were still responsible for inequality and injustice. New communications technologies, including the Internet, were being abused in disseminating racist ideology and inciting hatred. International cooperation was needed to curtail that abuse.

Combatting all racist attitudes was necessary. The Muslim world was concerned about Islamophobia, a clear manifestation of xenophobia and intolerance. Peace, tolerance and education needed to be emphasised in the struggle against racism. Steps to foster diversity needed to be taken. Therefore, the World Conference against Racism presented an opportunity for Member States to renew their commitment to combatting racism and racial discrimination and to make the Conference a milestone in the common and collective global effort to provide a better and more humane world.

GEORG MAUTNER-MARKHOF (Austria) said that his country was working with determination for a world in which racism, anti-Semitism, xenophobia, Islamophobia and all other forms of intolerance had no place. Austria had per capita a high rate of foreigners and had received more refugees and displaced persons than most countries in Europe. It had taken concrete steps with a view to duly integrating those groups into the Austrian society. Cultural diversity was a precious aspect of society and it had been for centuries and continued to be part of the Austrian identity. An essential element of cultural diversity was the protection of minorities. Consequently, in modern day Austria, the protection of national minorities was based on an elaborate system which respected and promoted the language and cultural identity of national minorities.

EDGAR PENA (the Holy See) said that manifestations of racism, racial discrimination, xenophobia and other forms of related intolerance had not disappeared and their persistence was at the root of many ills that afflicted mankind and modern society. The United Nations decision to hold a World Conference against Racism reflected the determination of the international community to combat phenomena that affected the basic rights of men and women around the world.

The international community could not allow itself to forget the past and those who had been the victims of the scourge of racism. Confronting the truth would help to create a better world. Dialogue, in a world marked by so much violence and so many conflicts, was an indispensable tool that could contribute to the creation of a civilization of love and peace. Education could play an important role in promoting human rights and fundamental freedoms, and fostering understanding, tolerance and friendship among all nations and groups.

IBRAHIM SALAMA (Egypt) said one of the greatest contemporary paradoxes was the growth of intolerance and xenophobia at the same time that the world was growing smaller. While important, the Durban Conference was only one step in a major undertaking. The World Conference against Racism needed to have a value-added dimension as an effective follow-up forum. It was not surprising that regional contributions were divergent, but reflected the different concerns of different regions. However, the World Conference needed to reflect the concerns of all regions of the world. All ideas needed to be reflected. No issues were to be sidelined for that would lead to divergence on issues.

It was important to learn lessons from the past. The regional contributions were clear about that need as well as the need to face up to current responsibilities. It was also clearly recognized that the situation in the occupied territories was a manifestation of foreign occupation carried out by Israel in Palestine. The World Conference needed to promote real human rights progress.

ALFREDO SFEIR-YOUNIS, of the World Bank, said that during the preparation process for the World Conference against Racism, almost every possible element had been brought to the table. All actors had been made aware of the importance of their mandates and actions. All the affected groups had been identified. Some of the remedies had been outlined, but special attention was needed in the selection of the most effective instruments, which would actually eliminate this human malaise once and for all. The World Bank would continue to assist developing countries in moving towards that vision. Many Governments had already benefited from projects and programmes which had been specifically designed to address the issues of minorities and of powerless and voiceless groups in many societies.

The World Bank understood that discrimination, racism and xenophobia were not only a matter of distributive justice, but their elimination was central to the sustainability of peace and social stability everywhere. In that context economics did matter, and good economics had assisted many societies in the process of eradication those problems.

AMARE TEKLE (Eritrea) said that even as the international community celebrated the dismantling of apartheid, it noted with great concern that old and new forms of racism and racial discrimination, as well as the pseudo-scientific theories that supported them, were rearing their ugly heads in many parts of the world and were having dire consequences on human relations at every level of interaction. Racism had indeed assumed subtle forms and was being glorified by several groups as a supremely suitable form of societal organization.

Under this pretext, it had, in some glaring cases, been possible to install an ethno-apartheid system with all its obnoxious consequences, where one ethnic group monopolized power and a comprehensive system of ethnic domination was established. Ironically, such a system was initiated and implemented in the name of an Orwellian perversion of self-determination, equality, freedom and respect for the dignity of human beings. It had become increasingly evident that racism, racial discrimination and the politics of exclusion were no longer a matter of the internal affairs of a State. They had regional and international ramifications and consequences. The Horn of Africa was a good example since the creation of an ethnic State had been and continued to be detrimental to peace, security, stability and good neighbourliness.

AISHA M-S. AL-ADSANI (Kuwait) said that equality and non-discrimination were two sides of the same coin. Under Article 29 of the Constitution of Kuwait, all humans were seen to be equal before the law. There was no discrimination on the basis of sex or origin in Kuwait. Various international instruments had been acceded to, including the Convention on the Elimination of all Forms of Racism and all their provisions had been accepted.

Children were educated in human rights. Kuwait agreed with the ICRC that the prevention of racism and xenophobia should be discussed at all times, including in times of peace. Prisoners of war needed to be protected from discrimination. They needed to be handed over to their home countries immediately and countries which abused prisoners of war needed to be punished. There needed to be an increase of activities for combatting racism and racial discrimination. States needed to accept and comply with international instruments.

PRASAD KARIYAWASAM (Sri Lanka) said despite persistent efforts, contemporary forms of racism persisted and were even growing in magnitude. The ethnic diversity in some societies was being exploited by racial bigots to cause, promote and spread violence and terrorism, which had serious implications for human rights, fundamental freedoms, and democracy. The escalation of violence and terrorism could pose severe threats to the independence, sovereignty and territorial integrity and general well-being of countries and peoples by creating conditions for further violence beyond boundaries. That dangerous trend of violence should be combatted through the promotion of tolerance and pluralistic approaches. Sri Lanka was committed to strengthen its international arrangements established to eliminate racial discrimination and to strengthen equality, social justice and dignity. The promotion of stable and harmonious ethnic relations with a new vision for nationhood involving all ethnic communities was one of the top priorities of the Government.

MURAT SUNGAR (Turkey) said that the resurgence of racism, xenophobia and all forms of racial discrimination continued to be a permanent challenge to most fundamental human rights and freedoms. In spite of the success in the elimination of institutional forms of discrimination such as apartheid, the international community was still experiencing new, mounting waves of bias, exclusion, racism and violence. Turkey was greatly concerned about the spread of racism and xenophobia, particular in western societies. Migrant communities were the main targets of discrimination and intolerance. Such acts induced migrants to become more alienated from the societies they lived in and made it more difficult for them to be integrated.

It should not be forgotten that racism had always been the basis of crimes against humanity, including ethnic cleansing. There was undoubtedly an important task lying before the international community and the Commission in preventing racist atrocities. Within this framework, the upcoming World Conference against Racism would be a significant platform to address this issue.

KIM YONG HO (the Democratic People's Republic of Korea) said that all human were born free with equal rights. While there were differences of colour, national and ethnic origin, among other characteristics, there were neither superior nor inferior races. Jungle law which favoured the strong continued to exist until this date. Racism was manifested, not only between nations, ethnic and religious groups, but in the political, economic, social, cultural and other aspects of life as a whole. Less developed nations had been submitted to discrimination and exploitation by developed nations. Development was not only the responsibility of less developed States, but it was the result of discriminatory policies and practices by racist countries or groups.

It was necessary to analyse and evaluate the consequences of racially discriminatory policies in order to ultimately eliminate and prevent the recurrence of racism. The Korean people had been the victims of the most extreme racial discrimination in the past and today. They had suffered under Japanese rule for 40 years from the beginning of the twentieth century. Japan had not admitted its responsibility, but had hidden it. There were also acts of violence against Korean residents in Japan. The Japanese were urged to take measures to prevent and eliminate discrimination against Koreans. The Koreans were also subjected to discrimination by the west in the form of blockades and threats of aggression.

MIRIAM MALUWA, of the Joint United Nations Programme on HIV/AIDS (UNAIDS), said that HIV/AIDS exacerbated the social and economic fault lines of society. It affected primarily those individuals who were already discriminated against, including women, those living in poverty, minorities, indigenous peoples, migrants, immigrants and refugees. Further, due to the stigma associated with HIV/AIDS and discrimination, the rights of people living with the virus were frequently violated solely because they were known or presumed to have HIV/AIDS. People with the disease were refused employment, education, health services, the right to get married and live in a family, and were even sometimes killed because of their seropositive status. Discrimination of people based on their HIV status increased the negative impact of the epidemic because instead of people worrying about their infection, they also had to worry about the further loss of rights. All people were worthy of equal respect and dignity whatever their situation, including their health status.

Rights of Reply

A Representative of India, speaking in right of reply, referred to a statement made by the Minister of Law, Justice and Human Rights of Pakistan, saying that Pakistani propaganda against India did not surprise anyone in the Commission. The military regime of Pakistan had put an end to democracy in that country. The appeals of India for a peaceful resolution of the conflict had gone unheeded and the response to the historical visit of the Prime Minister of India to Pakistan in 1999 were Pakistani attacks in the Kargil area.

A Representative of Pakistan, speaking in right of reply, said India's statement was based on its usual policy of obfuscating the issue of Kashmir. It was appreciated that India had accepted the ability of a bilateral dialogue to resolve the issue. Pakistan had offered that option in the past, as recently as February of this year as well. It was India that had failed to respond. India hid the real issue which was the right to self-determination of the people of Kashmir.

India had criticized the internal situation in Pakistan which Pakistan had not done. The rise of Hindu fundamentalism in Kashmir was of concern. Currently, there were 17 insurgency movements in India and the military was used to brutally repress them.

A Representative of India, speaking in second right of reply, said that like other countries, India also had problems but it treated them within the framework of a democratic system. Pakistan had problems, but the problem in that country was the non-representative military regime.

A Representative of Pakistan, speaking in second right of reply, suggested that India accept a visit by a Special Rapporteur to Jammu and Kashmir or a commission of inquiry to look into the situation there. As for Indian propaganda against Pakistan, the population in Jammu and Kashmir was being collectively punished which was a crime against humanity and contravened the Geneva Conventions. India should be punished for this.



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