COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION ADOPTSCONCLUSIONS ON REPORTS OF THE UNITED KINGDOM

Committee on the Elimination
of Racial Discrimination
63rd session
20 August 2003
Morning






Hears Address from Acting High Commissioner for Human Rights
on Attack on UN in Baghdad and Death of Sergio Vieira de Mello




The Committee on the Elimination of Racial Discrimination this morning adopted its observations and recommendations on how the United Kingdom implements the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination. It was then addressed by Acting United Nations High Commissioner for Human Rights, Bertrand Ramcharan, on the attack on the UN Headquarters in Baghdad yesterday and the death of High Commissioner for Human Rights Sergio Vieira de Mello.

Listed as positive aspects in the report of the United Kingdom, the Committee noted with appreciation the Race Relations Amendment Act of 2000 as well as the Race Relations Act (Amendment) Regulations of 2003, which widened the definition of indirect discrimination, and commended the State party’s efforts to address more stringently the issue of incitement to racial hatred. The Committee also commended the State party’s efforts to prepare a National Plan of Action against Racism.

The Committee said that it was concerned over the fact that the State party continued to uphold its restrictive interpretation of the provisions of article 4, and recommended that the State party reconsider its interpretation. The Committee was also concerned about the increasing racial prejudice against ethnic minorities, asylum seekers and immigrants, as reflected in the media.

The Committee recommended, among other things, that the State party extend regulations to cover discrimination on the grounds of colour and nationality, and while acknowledging the State party’s national security concerns, recommended that the State party seek to balance these concerns with the protection of human rights and its international legal obligations. The Committee also recommended that the State party adopt national strategies and programmes with a view to improving the situation of the Gypsies and Travelers against discrimination.

The concluding observations and recommendations were adopted over the course of two meetings, on the afternoon of Monday 18 and the morning of Wednesday 20 August.

At the end of the morning meeting, Acting High Commissioner for Human Rights, Bertrand Ramcharan, said that High Commissioner for Human Rights Sergio Vieira de Mello was a great international civil servant who was mourned by the world at large. His talents, his charm and wit would continue to inspire all who knew him. Those in the Office of the High Commissioner and in the human rights movement at large were determined to draw strength from the events, and to press on in protecting human rights in a troubled world, and this was what the High Commissioner would have wished them to do. It was necessary to be firm in resolve and professionalism, and to honour Mr. Vieira de Mello through firmer efforts to protect human rights.

Also this morning, the Committee heard a presentation from Serguei Lazarev, Interim Director of the Human Rights Division of the United Nations Educational, Scientific and Cultural Organization (UNESCO), on its projected Integrated Strategy against Racism And Discrimination. Mr. Lazarev said there had been a resurgence of intolerant ideologies, xenophobic speeches and racist acts in the world, and the emergence of new forms of discrimination linked to certain aspects of globalization and progress of science and technology. UNESCO had worked hard in the past to eliminate racial discrimination, and as a consequence of this rise of new forms of discrimination, had elaborated a strategy, taking into account various factors.

The Committee then raised issues and asked questions on such varied topics as whether UNESCO had considered implementing direct links with the Committee on the issues related to the Committee’s purview; whether the Plan of Action was appropriately designed for reaching the populations of developing countries; the use of the Internet in the strategy and what logistical support UNESCO was prepared to give developing countries; whether the Human Rights Division of UNESCO could provide assistance to States parties in preparing reports to be submitted to the Committee, particularly with regard to education and training; whether UNESCO had considered the issue of religious discrimination in scientific research; and whether UNESCO was going to integrate gender strategy in its programme.

Taking part in the debate on the UNESCO presentation were Committee Experts Mario Jorge Yutzis, Mahmoud Aboul-Nasr, Mohamed Aly Thiam, Morten Kjaerum, Régis de Gouttes, Nourredine Amir, Patrica Nozipho January-Bardill, Ion Diaconnu (Chairman speaking as Committee Member)

At the start of the meeting, the Committee held a minute of silence for the deaths of Mr. Vieira de Mello and other United Nations staff in Baghdad.

When the Committee reconvenes at 3 p.m. this afternoon, it will hear the presentation of Reports on Trust and Non-Self Governing Territories in the context of Article 15 of the International Convention.


Concluding Observations on the Reports of the United Kingdom

The Committee welcomed as positive aspects, among other things, the Race Relations Amendment Act of 2000 as well as the Race Relations Act (Amendment) Regulations of 2003, which widened the definition of indirect discrimination and shifted the burden of proof from the victim to the alleged offender, and commended the State party’s efforts to address more stringently the issue of incitement to racial hatred and the increase of the maximum penalty for incitement to racial discrimination. The Committee also commended the State party’s efforts to prepare a National Plan of Action against Racism, in consultation with non-governmental organizations, in pursuance of the recommendations of the 2001 World Conference against Racism.

The Committee recommended that the State party review its legislation in order to give full effect to the provisions of the International Convention in its domestic legal order. The Committee also reiterated its concern over the fact that the State party continued to uphold its restrictive interpretation of the provisions of article 4, and recommended that the State party reconsider its interpretation.

The Committee was concerned about the increasing racial prejudice against ethnic minorities, asylum seekers and immigrants, as reflected in the media. It was concerned by reports of attacks on asylum seekers, and recommended that the State party adopt further measures and intensify its efforts to counter racial tensions generated through asylum issues. The Committee recommended that the State party extend regulations to cover discrimination on the grounds of colour and nationality, and while acknowledging the State party’s national security concerns, recommended that the State party seek to balance these concerns with the protection of human rights and its international legal obligations.

The Committee also noted that the State party recognized the intersectionality of race and religious discrimination, as illustrated by prohibiting discrimination against such communities as Jews and Sikhs, and recommended that religious discrimination of an ethnic nature against the other immigrant religious minorities should be likewise prohibited. The Committee also expressed concern about the discrimination faced by Roma/Gypsies/Travelers and recommended that the State party adopt national strategies and programmes with a view to improving the situation of the Roma/Gypsies/Travelers against discrimination. Finally, the Committee encouraged the State party to continue to consult with organizations of civil society working in the area of combating racial discrimination and during the preparation of the next periodic report.


Address by Acting High Commissioner for Human Rights

BERTRAND RAMCHARAN, Acting High Commissioner for Human Rights, said he had wished to come to the Committee as a gesture of respect for fallen colleagues, and was writing to the members of the treaty bodies and the mandate holders today, but since the Committee was in session, he came in person to speak of this letter. He then read the text of the letter, which said that the High Commissioner Sergio Vieira de Mello had fallen in the search of the ideals of the United Nations. The deaths of colleagues was greatly regretted, and condolences were sent to the families of the fallen.

A staff meeting had been held yesterday and today at the Palais Wilson to support all staff members. The High Commissioner was a great international civil servant who was mourned by the world at large. His talents, his charm and wit would continue to inspire all who knew him. Those in the office of the High Commissioner and in the human rights movement at large were determined to draw strength from the events, and to press on in protecting human rights in a troubled world, and this was what the High Commissioner would have wished them to do. It was necessary to be firm in resolve and professionalism, and to honour Mr. Vieira de Mello through firmer efforts to protect human rights.

The members of the treaty bodies, mandate holders and non-governmental organizations, colleagues and the human rights movement at large should know that there would be strength in this moment, and they would be reached out to and reassured that notwithstanding the loss of the leader, that the work of all would be supported, and the main message today was to reassure all that the utmost would be done to see that each and every body would be provided with the quality services to which they were entitled. Mr. Ramcharan thanked the Committee for the minute of silence held that morning.

ION DIACONNU, Committee Chairman, speaking on behalf of the Experts, asked Mr. Ramcharan to convey their condolences to Mrs. Vieira de Mello and the family, and said that support for the United Nations would become stronger, as would the determination to continue the work done up to now, to strengthen it and promote the implementation of the International Convention, and the Committee would continue to do this with all possible devotion.


Presentation by UNESCO Official

SERGUEI LAZAREV, Interim Director of the Human Rights Division at the United Nations Educational, Scientific and Cultural Organization (UNESCO), reported on current activities against racism, discrimination and exclusion at UNESCO following the Durban Conference. Following the Conference, the Executive Council examined a document prepared to ensure post-Durban follow-up, and the decision was made to develop a new integrated strategy against racism and discrimination. This would be presented at a conference in late September, and should become a foundation for UNESCO’s medium-term action over the next six years.

There had been a resurgence of intolerant ideologies, xenophobic speeches and racist acts in the world, and the emergence of new forms of discrimination linked to certain aspects of globalization and progress of science and technology. UNESCO had worked hard in the past to eliminate racial discrimination, particularly in elaborating a strategy of scientific deconstruction of racial theories in the 1950s. It has also helped in elaborating international instruments such as the Convention against Discrimination in Education (1960). It had also had strategies for action in the field, including a special programme against apartheid.

The broad lines of the new strategy were first of all defined by the need to frame the actions in the context of UNESCO’s reform, and to work from a medium-term angle. International consultations had been held, and post-Durban meetings attended. The work had also been coupled with the preparation of certain reports which aided in defining the organization’s plan of action. The goals of the Plan were to renew UNESCO’s work in the field of the fight against racism and racial discrimination, within its fields of competence; and to reinforce cooperation with other branches of the United Nations as well as with inter-governmental organizations. There was a need to strengthen institutional capacities, to develop research on new forms of discrimination, and to renew knowledge on discrimination in the past.

The field was saturated, Mr. Lazarev said, with a large number of players, and UNESCO needed to make a limited choice of priorities for each region, with innovative strategies. The development of scientific research with consideration given to trends of racism, discrimination and xenophobia was required, as was a revision of UNESCO’s standard-setting instruments, and to develop new educational measures and tools whilst preserving diversity in multi-ethnic and multicultural societies. Leaders of public opinion and decision makers needed to be mobilized, and a fight should be launched against racism in the media and in cyberspace.

The key points today were the link between racism and discrimination, between the building of identity and discrimination, between the progress of the sciences and new forms of discrimination, between HIV/AIDS and discrimination, and between globalization and new forms of discrimination. In consequence, various priorities had been identified for different regions, including the need to fight racism affecting the populations of African descent; to support the development of research on the consequences of racism, discrimination and social exclusion inherited from traditional cultures and which threatened the cohesion and stability of new States; to reinforce sensitivity campaigns with the public, national authorities and the media in various societies; to help Governmental authorities to translate research into practical programmes on racism and racial discrimination; and to contribute to the establishment of a dialogue and a positive interaction between State actors and civil society.

Various operational actions were envisaged, including the development of new partnerships, for example with sports organizations, youth organizations, artists, and the private sector, notably those companies which had participated in the United Nations’ Global Compact project. A draft resolution had been prepared, which would be submitted to the United Nations Secretariat for adoption by countries.


Discussion

Members of the Committee then raised questions. They asked, among other things, whether UNESCO had considered implementing direct links with the Committee on the issues related to the Committee’s purview and if so what degree of cooperation could be carried out; whether the Plan of Action was appropriately designed for reaching the populations of developing countries, specifically nomad populations with archaic attitudes towards other peoples; the use of the Internet in the strategy and what logistical support UNESCO was prepared to give developing countries, including provision of services, training, and information; whether there was any provision for aiding developing countries in implementing the plans; what mechanisms were in place which UNESCO would use in establishing contacts between the members of the African diaspora and the inhabitants of Africa itself; whether UNESCO recognized the inter-sectionality of religion and race, particularly in the context of its use of the term “Arabophobia” when the Committee preferred “Islamophobia”; whether the Human Rights Division of UNESCO could provide assistance to States parties in preparing reports to be submitted to the Committee, particularly with regard to education, culture and training; whether UNESCO had considered the issue of religious discrimination in scientific research, in particular the lack of opportunities since 11 September for Muslim students to complete PhDs in Western countries; whether UNESCO was going to integrate gender strategy in its programme; and whether UNESCO could provide the Committee with documents and information on access to education and culture across the world in the context of racial discrimination.

In concluding remarks, Mr. Lazarev responded to the above questions, saying among other things that UNESCO intended to strengthen its cooperation with the Committee, since there was a need for mutual dialogue and sharing of information; that training and awareness raising programmes continued on slavery and its historical results; that the role of religion was of an utmost necessity, but that UNESCO did not work with religions directly but with religious leaders; that it did have projects to equip university centers and schools with Internet equipment, but it did not have the resources to carry this out on a global scale; the delicate issue of contacts between the members of the African diaspora and Africans; that UNESCO differentiated Islamophobia and Arabophobia for primarily semantic reasons; and noted that with regard to the issue of the lack of access by Arabs to further education, further contacts with the Committee would be required. It was hoped that more direct contacts with the Committee would be established and followed-up appropriately, and that the dialogue would continue at each session.




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