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24 March 2000
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Commission on Human Rights
56th session
24 March 2000
Morning
Racial-Discrimination Debate Continues
The Vice-President of Costa Rica told the Commission on Human Rights this morning that the dividends of peace around the world -- resources released by lower expenditures on weapons and defense -- should be dedicated to environmental matters, human rights, and social issues, including the right to development.
Vice-President Elizabeth Odio-Benito also said the recent spread of democracy around the world was encouraging, but it was important to recognize that democracy was more than the holding of elections -- it meant providing peace and fair standards for all inhabitants of a country. The task of strengthening democracy had not ended, she said.
The Commission also heard addresses from the Secretary-General of the Organization of the Islamic Conference (OIC) and the Attorney-General of Zambia.
The OIC Secretary-General, Azeddine Laraki, said, among other things, that there was still widespread misunderstanding in Western countries of the principles of Islam, which included utmost respect for human life and the intrinsic equality of all human beings. He called for greater efforts to protect the rights of Palestinians and of Kashmiri and Chechen Muslims.
The Zambian Attorney-General, Bonaventure Chishimba Mutale, said heavy external debt continued to undermine economic, social and cultural rights in developing countries, resulting in high poverty levels. He went on to describe poverty-alleviation efforts in Zambia.
Before and after these guest speakers, the Commission carried on with its debate under its agenda item on the elimination of racial discrimination. A series of non-governmental organizations (NGOs) took the floor, citing, among other things, the situation of Roma minorities in European nations and the sufferings caused by caste systems in Asia, and making recommendations for the Third World Conference against Racism to be held next year in South Africa.
Representatives of the United States, China, Pakistan, Swaziland, Mexico, Cuba, Botswana, and Sri Lanka addressed the morning session.
The following NGOs delivered statements: International Save the Children Alliance; the Lutheran World Federation; Agir ensemble pour les droits de l'Homme; the World Federation of United Nations Associations; Minority Rights Group; the Movement against Racism and for Friendship among Peoples; the Society for Threatened Peoples; Brahma Kumaris World Spiritual University; and the International Association against Torture.
The Commission will reconvene at 3 p.m. and is scheduled to conclude over the course of the afternoon its discussion on racial discrimination.
Statements
AZEDDINE LARAKI, Secretary-General of the Organization of the Islamic Conference, stated that if the concept of human rights in the West had become an integral part of its culture, there still existed an unhealthy perception of Islam. What lay behind that fallacious impression was the conflict that had lasted for the past centuries between Islam and the West, ranging from the Crusades to European colonization of the greater part of the Islamic world in the nineteenth century. It had become clear that despite the efforts made during the last few years by the Governments of some Islamic and other countries to explain the position of Islam on various issues, the vast majority of non-Muslims were still unaware of the truth of Islam and its noble human principles.
As for the notion of equality between all human beings within the framework of Islamic values, it applied to all regardless of their race, colour, creed or social or economic status, for the superiority of some people to others was only possible in the degree of faith they might have, Mr. Laraki said. Hence, Islam rejected all beliefs and ideologies that glorified race and called for fanaticism. Dealing with equality in Islam recalled the subject of the corollary of the 'responsibility' placed by Allah on the shoulders of Man, and that was 'sanctity'. In that regard, what was to be noted was the value place by the Islamic Shari'a on the sanctity of the human being, from inception as a sperm-drop until death, the sanctity of the body when buried below earth, and the sanctity of honour, property and homes. Those were fundamental pillars that underpinned Islamic society and formed the springboard for the network of relations among its individuals. The relations should be based on justice and interdependence.
Mr. Laraki recalled that the Palestinian people were still experiencing the tragedy of a continuous, and violent Israeli occupation involving the loss of numerous lives, the confiscation of property, the restraining of freedoms, the aggression being committed against the blessed Al-Aqsa Mosque and the building of more settlements. Likewise, the Kashmiri people who were fighting for the exercise of their legitimate right to self-determination in compliance with the decisions of the United Nations were still undergoing blatant violations of their basic human rights. The killing, destruction and terror to which the Muslim people of Chechnya were subjected in broad daylight constituted a flagrant violation of individual human rights.
ELIZABETH ODIO-BENITO, Vice-President of Costa Rica, said improving mechanisms for the protection of human rights was a constant challenge for the world; Costa Rica was convinced that only respect and safeguarding of human rights would guarantee lasting international peace. Peace and international harmony were only possible if there was respect for life, justice and freedom for all human beings. There should be more active cooperation in promoting human rights and democracy around the world, with international human-rights covenants serving as a guide.
The recent spread of democracy around the world was encouraging, but it was important to recognize that democracy was more than the holding of elections -- it meant providing peace and fair standards for all inhabitants of a country. The task of strengthening democracy had not ended; it required imagination and courage; it was important to disseminate the principle that all human beings had such rights and that each human being had the responsibility of defending the human rights of all. A society in which women were not treated equally would never be a just society and would never provide full human rights, nor would societies that failed to treat children, minorities, and indigenous peoples equally and with justice.
Costa Rica had a long tradition of promoting human rights at the international and regional levels, the Vice-President said. The country felt that the security resulting from peace -- so-called 'peace dividends' -- should result in greater attention to environmental matters, human rights, and social issues, including the right to development. The resources that were released by limitations on expenditures on weapons and defense should be dedicated to such ends. Costa Rica recently had participated in a regional dialogue on the improvement of the human rights situation on the American continent. Costa Rica also had proposed that a United Nations decade be celebrated focusing on the link between human rights and education; as the Third World Conference against Racism approached, emphasis on the importance of education was more important than ever.
BONAVENTURE CHIBAMBA MUTALE, Attorney-General of Zambia, said the issue of foreign external debt still continued to undermine the full realization of economic, social and cultural rights in the developing countries, resulting in high poverty levels. The negative effects of the prescribed structural adjustment programmes being pursued in the developing world had continued to form constraints for developing countries as could be witnessed by the insignificant investments made in the social sector. That was worsened by the ever-decreasing official development aid from the developed world.
Mr. Mutale said that with regard to poverty and the full realization of human rights, the Government of Zambia had put in place, under its poverty alleviation programmes, safety nets intended to meet the needs of the very poor. The objective of the Government was to reduce the poverty level from 72.9 per cent to 50 per cent by the year 2004. In that regard, measures had already been taken. In addition, although one of the measures of the structural adjustment programme was to reduce public expenditure, social sector expenditure was one of the priorities of the Government. However, Zambia's development efforts had been seriously constrained by its huge external debt which was slightly over $ 6 billion. The external debt serving had limited the availability of resources for development purposes.
Mr. Mutale continued to say that integration of human rights of women and achieving gender balance in all spheres of life was a priority for Zambia. The Government was currently reviewing legislation in a bid to amend laws that discriminated and created imbalances. The problem of gender violence had existed in Zambia for a long time. However, a victim support unit had been set up to protect victims of gender violence. In addition, the HIV/AIDS pandemic had had its toll on Zambia's development efforts. The social gains made in the past were fast being eroded as the scourge abound within the productive age group. Zambia had the political will and was fully committed to the realization of all the human rights standards embraced by the State at the international level. However, the Government was inhibited by a number of factors and difficulties beyond its control which required external interventions by those deemed to be cooperating partners.
NADIA FAY U., of the International Save the Children Alliance, said that many Roma, Gypsy and Traveller children throughout Europe continued to be denied proper education. This violated Article 26 of the Universal Declaration of Human Rights, Article 13 of the International Covenant on Economic, Social and Cultural Rights and Articles 28 and 29 of the Convention on the Rights of the Child. There was a scarcity of available data at the level of educational attainment of Roma, Gypsy and Traveller children. There were two main shortcomings in the implementation of their right to education, the low levels of school attendance and the lack of provisions where specialist skills were required.
With the decline of free pre-school provision in many countries, these children were even at more disadvantage. These children were often segregated in schools or classes. They were raised in an environment of regular eviction and with unhealthy or even dangerous basic facilities. Although legislation had been passed on this subject, the implementation was poor. The Alliance appealed to Governments to ensure that Roma, Gypsy and Traveller children did not suffer from discrimination, to take into account the needs of these children and to take measures in order to provide clear and basic information pertaining to Roma, Gypsy and Travellers, including education statistics with particular attention to school attainment.
CARLOS ABRIL, of the Lutheran World Federation, said that caste-based discrimination and similar practices were fundamental obstacles to the enjoyment of human rights by a significant proportion of humanity. These obstacles were most obviously confronted by the Dalits of South Asia despite the abolition of 'untouchability' by the Indian Constitution in 1950 and despite a range of admirable legislative measures taken by the Indian Government. The obstacles included the segregation of entire villages, segregation in schools, the deprivation of land and opportunities for better employment or education, and exploitative economic relationships.
Dalit women suffered triple discrimination on the basis of caste, class and gender, and were particularly targeted for sexual abuse and other forms of violence against women. The antiquity of a particular social system or cultural practice did not excuse gross human rights violations. The Federation hoped that the World Conference against Racism, Racial Discrimination, enophobia and Related Intolerance would provide an opportunity for redressing the lack of attention given to this subject in the international human rights discourse.
ABDEL NASSER OULD OTHMAN SID AHMED YESSA, of Agir Ensemble pour les droits de l'Homme, said that in 1989, thousands of Mauritanians had lost their human rights and had been expelled from their homes; up to 1995, the Office of the High Commissioner for Refugees had helped them; some groups had returned to the country but had been unable to regain their property and had suffered continued human-rights violations. There had been widespread cases of torture, in some situations these had resulted in death. There had been impunity to date for these human-rights offenses, although many of the perpetrators were well-known; since 1993, they had benefited from an amnesty passed by the Mauritanian Parliament which had contained no representatives of the political opposition.
It was necessary to bring these criminals to justice and to remedy the consequences of forced displacements and massive killings. The Commission must condemn the leaders of Mauritania and tell them that they could not escape the consequences of their actions. A reaction from the Commission and the Government of Mauritania was requested.
HORACE PEREIRA, of the World Federation of United Nations Associations, said that the proposed Conference against Racism, Racial Discrimination, Xenophobia and All Forms of Discrimination showed the general apathy and indifference of the adoption of the relevant International Convention on the Elimination of All Forms of Racial Discrimination. Even though it had been ratified by 155 countries, only one-fifth of the parties had made the declaration required by article 14 recognizing the Committee's competence to receive and consider communications from individuals or groups claiming to be victims of violations. It was necessary to adhere to the UNESCO Declaration article 1 and 2 which went further than article 7 of the International Convention, focusing on teaching and education to avoid prejudice.
The Federation questioned whether Governments had made provisions in teacher-training programmes to motivate and prepare teachers to raise awareness about human rights, racism and racial discrimination. International teachers' organizations were asked whether they had conducted programmes internationally and if they had made their national affiliates aware of their responsibility and motivated them to discharge it fully. The Governments of Canada and of the Scandinavian countries were recommended to take up with their respective aid agencies the pressing need to give grants to teachers' organizations for 'Teacher Organization Development', ensuring that a human rights element was included in the programmes conducted.
ANTONELLA ATTARDO, of the Minority Rights Group, said there should be greater recognition of the problems of Brazilian people of African descent, and greater action taken to defend their rights; a pervasive, discriminatory social hierarchy based on skin pigmentation remained dominant in Brazil; Brazilians of African descent were poorer, had higher death rates, and suffered lower rates of education and higher levels of unemployment than Brazilians in general. Afro-Brazilian women were often faced with entrenched sexual stereo-typing; police treatment of Afro-Brazilians was discriminatory, and this section of the population was under-represented in Government and other positions of power.
The Brazilian Government was urged to improve the land-tenure situation for Afro-Brazilians and to enact and enforce legislation to eliminate all forms of discrimination against them. It should do so because justice required it and as an act of good faith in advance of the Third World Conference against Racism.
JEAN-JACQUES KIRKYACHARIAN, of the Movement Against Racism and for Friendship Among Peoples, said that non-governmental organizations would participate in the preparation for the World Conference against Racism. However, they could not eliminate racism with only good will and meagre funding. The importance of the State was pivotal as was the clear expression of a political will to eliminate racism. Europe had increased its awareness as a result of the uproar in Austria. The moves made against racism in France through the Treaty of Amsterdam in article 13 on social policy should be observed. According to a survey made in France, a great number of people had admitted to having prejudiced thoughts. A positive sign was that a greater majority rejected racism. Social organizations and trade unions would be important in the struggle against racial discrimination.
The Movement made reference to the Haider phenomenon in Austria. There was a problem in the portrayal of ethnic conflic in the media, the lack of information led to misunderstandings and indifference. Immigrants were isolated in their host-countries and it was recommended they were invited to take a more active part in society through participation in local elections. Racism was not only a threat to the victims but to society as a whole.
ESTER JUSUI, of the Society for Threatened Peoples, said that racial violence had become a common phenomenon in Indonesia against the Chinese ethnic community. In 1998, women of Chinese descent were targeted for rape, and the rest of the Chinese community for assault, looting and murder. The military had been passively involved in all racial crimes by failing to give protection to Indonesian citizens of particular ethnic origin. There had never been serious prosecution of racial crimes nor had there been any sort of protection schemes for victims and witnesses. The few remedies, which were only rarely offered, were in the form of show-arrests or superficial symbolic reconciliation. This racial division and violence in Indonesian society was based on a well-supported and well-nurtured sense of hatred and stigmatization against the ethnic Chinese.
HELEN SAYERS, of the Brahma Kumaris World Spiritual University, said most people saw the world not as it actually was, but from limited and subjective perceptions based on self-interest; taking off the glasses through which they had learned to see and judge the world called for some effort and required new understanding, but opened up a whole new perspective that included the realization that all people had the same blood, the same components, the same sweat and tears. It was the soul, not the body, that held human hopes, aspirations, and values.
It was awareness of everyone's common spirituality that could empower human beings to transcend the barriers that divided them. Brahma Kumaris was currently working with other organizations worldwide in a project called Living Values: An Educational Programme. It strongly believed that progress could only be made when there was a value system that embraced equality, diversity, and equity at every level of society.
ROGER WAREHAM, of the International Association against Torture, said the key issue under agenda item 6, was the World Conference against Racism. The speech delivered by the Secretary of State of the United States, Madeleine Albright, the previous day had highlighted the need to examine one's own situation before criticizing others, and to investigate whether the standards of the Commission were truly universal. Amadou Diallo, who was shot 41 times as he was standing at his doorstep in New York, was an example of the most atrocious institutionalized racism. Recently the four policemen who shot him had been acquitted, showing one more time that policemen were rarely prosecuted for the murder of Afro-Americans. There were other racist incidents, such as the Rodney King beating, and the murders of Malcolm Ferguson and Patrick Dorismond.
Afro-American and Hispanics were confronted with racist police abuse on a regular basis. Young males were particularly affected. Preparation by the United States for the World Conference against Racism had not yet begun. If the United States, as the self-proclaimed leader in human rights, was sincere about the Conference, it should not attach itself to the European or Brazilian preparatory committees but it should hold its own. There was a double-standard when the United States Government insisted on compensation for Jewish victims of the Holocaust while it made no move to compensate the descendent of slaves.
HAROLD HONGJU KOH (the United States) said that the United States was pleased about the new resolutions by the Commission on Human Rights to promote the right to democracy and good governance, values essential to the promotion and protection of universal human rights. No nation could claim to have overcome problems pertaining to racism, racial discrimination and xenophobia, but the American experience showed that nations could make great strides over time. The United States did not tolerate any form of racism, and the progress made was directly attributable to the growth of democracy and the broad civil sector. The civil rights movement had united Americans from every walk of life demanding justice, equal protection and that all Americans be born free and equal in dignity and rights.
There had been and were still problems pertaining to racism towards Native Americans, Afro-Americans and Asian-Americans in the United States. America was one of the racially and ethnically diverse nations and had a long way to travel before all racial hatred was eliminated. America hoped to share its experience of constitutional and legal guarantees, the most extensive set of protections in the world, at the World Conference against Racism. President Clinton had emphasized the importance of racial issues in his Initiative on Race and his Initiative for One America. There was also The Leadership Conference on Civil Rights which was a coalition of more than 185 private groups with over 50 million members, and which focused on discrimination based on ethnicity, minority status, gender and sexual orientation, age, religion, union membership and physical and mental disabilities. The American experience had shown that progress could be made and tolerance sustained when working together as a transnational network of public and private actors promoting human rights.
WANG MIN (China) underlined that racism was one of the most serious violations of human rights. With the abolishment of apartheid in South Africa, the world-wide struggle against racism had scored a great victory. However, it should be noted that in the increasingly globalized world today, the long-standing problem of racism, far from being entirely eliminated, now had developments. China was convinced that the forthcoming World Conference against Racism, to be held in South Africa, would play an important role in increasing the world's consciousness of the problem of racism. The Conference had great significance as it was the first world-wide meeting against racism in the new century. In addition, it was an alarming fact that new manifestations of racism such as neo-fascism and neo-Nazism had raised their ugly head in developed countries recently with serious consequences.
Developed countries should promptly take effective measures, investigate racist acts and entirely eliminate the soil for the growth of racism. Racism had its deep social and historical origins with various manifestations. Within a country, racism often manifested itself in different aspects such as politics, the economy, culture and education. As a result of the inequitable international political and economic order, various forms of discrimination and unfair treatment existed among countries of the world. All countries had the responsibility and obligation to strengthen education in human rights and to improve relevant legislation aimed at ensuring the enjoyment of equal rights for all races in various aspects of social life.
TEHMINA JANJUA (Pakistan) said racism, despite the end of apartheid, continued around the world and it was especially discouraging to see its resurgence in various guises in the developed nations. It was all too easy for unscrupulous politicians to resort to racism to win power or to cling to it; everyone should understand that behind such euphemisms as 'ensuring cultural identity' or
'maintaining homogeneity' lay the sinister forces of racism. In Pakistan's own neighbourhood a fundamentalist and fascist party had gained power and won popularity by fanning populist hatred of minority religions -- Islam and Christianity -- and by encouraging the suppression of lower castes.
Islam and its followers had become easy targets of late for xenophobic attacks. Fundamentalist Islam had been portrayed as being synonymous with terrorism; some countries which were guilty of foreign occupation and denial of the right to self-determination actively promoted this trend by terming freedom fighters as 'terrorists' simply because they were Muslims. The slanderous phrase 'Islamic terrorists' had been used even at the Commission. But Islam was a religion of peace and respect for human rights and such negative stereotyping of it should be condemned.
CLIFFORD S. MAMBA (Swaziland) said he believed that international efforts should be enhanced to address the problems of discrimination in the areas of the world in which they still existed, or where new forms of racism, racial discrimination, xenophobia and related intolerance were emerging. The forthcoming World Conference against Racism would examine the problem in all its aspects and further adopt concrete measures for eliminating them. The Conference was convened at a particularly relevant time in view of the recent resurgence of old ethnic, racial and national antagonisms in the various forms of intolerance, which resulted in ethnic conflicts, ethnic-cleansing and genocide in the most extreme cases. Evidently, that form of intolerance had been the cause for conflict being a consequence of deplorable violations of human rights. There was an urgent need to adopt measures, such as support mechanisms and early-warning systems, in order to curb conflicts before they became a crisis. The impact of racist and discriminatory practices transcended the borders of nation States and as such, a global approach should be formulated to ensure universal elimination of the problem.
ARTURO HERNANDEZ BASAVE (Mexico) said that racism was a serious violation of human rights which was manifest to a greater or lesser degree everywhere in the world. Determined action by the international community was required to overcome racial hatred, xenophobia and other forms of intolerance. Racism could not be justified by the right to free expression. The international community had to struggle against all forms of intolerance and racism. Action had to be taken against campaigns inciting violence and racial hatred through new global means such as the Internet. Political will had to be shown to combat such hatred.
The World Conference against Racism therefore had to double the effort to combat racism, adopt a plan of action with concrete measure, and guarantee due financing for such activities. The first World Conference had dealt with the protection of immigrants and migrant workers. The second World Conference had also discussed the same issue. The Government of Mexico appealed to the Commission that the third World Conference make the protection of immigrants and migrant workers a top priority. Mexico had taken steps to create a culture of tolerance and respect for diversity and planned to play an active part in the World Conference as well as the preparation thereof.
JUAN FERNANDEZ PALACIOS (Cuba) said that this agenda item was all the more important in advance of the Third World Conference against Racism; racism was far from vanquished, and was assuming new, alarming, and invidious forms, especially in the developed countries. Political parties with racist policies were gaining power in these countries; added to discrimination against racial minorities there was discrimination against migrants and migrant workers, who had become targets of violence by racist groups and were subject to persistent discrimination by the police and court systems. The Internet, meanwhile, was being misused to spread racist ideologies and ideas.
The United States was perhaps the most flagrant site of racism and racial discrimination. The recent acquittal of four police officers who had brutally killed an innocent African-American was the latest indication of the utter inability of victims of discrimination in that country to achieve justice. Cuba also felt concern over discrimination against minorities, especially Roma, in the Czech Republic, as cited by the Special Rapporteur.
LEGWAILA J. LEGWAILA (Botswana) said that even when countries put in place national and international laws to discourage and punish crimes committed in pursuit of racism and xenophobia, there were times when the real intent of such legislation appeared to suggest otherwise. Immigration and asylum laws at times appeared to be targeted at a particular group of people, either because of its race or national region. In addition, while the advent of new information technologies had brought unparalleled opportunities to the world, it had also provided a convenient vehicle for those whose volition was to spread the message of hate, bigotry and xenophobia. Hate groups had taken to the web, perhaps even better than the duck to water. Although in the name of democracy one could not deny hate groups access to the Internet, one should not tire of seeking to take all the necessary steps to stanch their poison. Botswana was a democratic country, one wholly subscribed to uphold the right of citizens to use the media to express themselves without censorship. However, one should believe that legislating against the use of the media to spread message of hate was undemocratic and constituted censorship.
WIJESIRI HETTIARACHCHI (Sri Lanka) said that racism must be combatted as there was still racial discrimination, xenophobia and human rights violations in many parts of the world. There was discrimination in new and old forms. Ethnic conflict was persistent throughout the world, leaving vulnerable groups targets of violence. Migrant workers were often targeted and undocumented migrant workers were even more vulnerable. A new serious issue was the new access to the Internet technology, a tool by which hatred and racism could be spread at little or no cost, hiding behind the principle of free speech.
The World Conference reflected the growing international concern and the wish to combat racism in an increasingly globalized world. Sri Lanka welcomed the proposals under agenda item 6. Action had to be taken at international, regional, national and local levels in order to succeed in combatting racism. Sri Lanka reminded the Commission of last year's resolution which promised technical and financial resources to the regional proportional meetings which were needed to ensure the success of the World Conference.
CORRIGENDUM
In the press release HR/CN/00/4 of 21 March 2000, the first statement on page 7 should read as follows:
DAVID LITTMAN, of the Association for World Education, said that as was stressed last year, a grave danger came from systematic efforts to replace or modify the universally recognized code of human rights that was enshrined in the Universal Declaration of Human Rights and international covenants. During the past year, the Association had endeavoured to alert United Nations bodies on the necessity - when formulating their decisions and resolutions - of not creating exceptions to 'internationally recognized human rights norms'. The Association urgently appealed to the Commission on Human Rights to examine carefully what could be undertaken to rectify an anomalous situation, whereby what was essentially a religious document, submitted by a non-regional body, was inexplicably published in December 1997 by the United Nations, officially under the auspices of the Office of the High Commissioner for Human Rights, in a UN volume titled: A Compilation of International Instruments Vo. II: Regional Instruments. The Association strongly recommended the omission of pages 477-484.
The Association for World Education was heartened to read in the report of the High Commissioner about Sudan being specified as a country where traditional slavery persisted. The report had many pages on slavery, and the Association hoped that as of now, the Commission and others would not shy away from calling a slave a slave. The Association and other non-governmental organizations had regularly denounced slavery in Sudan.
*****
56th session
24 March 2000
Morning
Racial-Discrimination Debate Continues
The Vice-President of Costa Rica told the Commission on Human Rights this morning that the dividends of peace around the world -- resources released by lower expenditures on weapons and defense -- should be dedicated to environmental matters, human rights, and social issues, including the right to development.
Vice-President Elizabeth Odio-Benito also said the recent spread of democracy around the world was encouraging, but it was important to recognize that democracy was more than the holding of elections -- it meant providing peace and fair standards for all inhabitants of a country. The task of strengthening democracy had not ended, she said.
The Commission also heard addresses from the Secretary-General of the Organization of the Islamic Conference (OIC) and the Attorney-General of Zambia.
The OIC Secretary-General, Azeddine Laraki, said, among other things, that there was still widespread misunderstanding in Western countries of the principles of Islam, which included utmost respect for human life and the intrinsic equality of all human beings. He called for greater efforts to protect the rights of Palestinians and of Kashmiri and Chechen Muslims.
The Zambian Attorney-General, Bonaventure Chishimba Mutale, said heavy external debt continued to undermine economic, social and cultural rights in developing countries, resulting in high poverty levels. He went on to describe poverty-alleviation efforts in Zambia.
Before and after these guest speakers, the Commission carried on with its debate under its agenda item on the elimination of racial discrimination. A series of non-governmental organizations (NGOs) took the floor, citing, among other things, the situation of Roma minorities in European nations and the sufferings caused by caste systems in Asia, and making recommendations for the Third World Conference against Racism to be held next year in South Africa.
Representatives of the United States, China, Pakistan, Swaziland, Mexico, Cuba, Botswana, and Sri Lanka addressed the morning session.
The following NGOs delivered statements: International Save the Children Alliance; the Lutheran World Federation; Agir ensemble pour les droits de l'Homme; the World Federation of United Nations Associations; Minority Rights Group; the Movement against Racism and for Friendship among Peoples; the Society for Threatened Peoples; Brahma Kumaris World Spiritual University; and the International Association against Torture.
The Commission will reconvene at 3 p.m. and is scheduled to conclude over the course of the afternoon its discussion on racial discrimination.
Statements
AZEDDINE LARAKI, Secretary-General of the Organization of the Islamic Conference, stated that if the concept of human rights in the West had become an integral part of its culture, there still existed an unhealthy perception of Islam. What lay behind that fallacious impression was the conflict that had lasted for the past centuries between Islam and the West, ranging from the Crusades to European colonization of the greater part of the Islamic world in the nineteenth century. It had become clear that despite the efforts made during the last few years by the Governments of some Islamic and other countries to explain the position of Islam on various issues, the vast majority of non-Muslims were still unaware of the truth of Islam and its noble human principles.
As for the notion of equality between all human beings within the framework of Islamic values, it applied to all regardless of their race, colour, creed or social or economic status, for the superiority of some people to others was only possible in the degree of faith they might have, Mr. Laraki said. Hence, Islam rejected all beliefs and ideologies that glorified race and called for fanaticism. Dealing with equality in Islam recalled the subject of the corollary of the 'responsibility' placed by Allah on the shoulders of Man, and that was 'sanctity'. In that regard, what was to be noted was the value place by the Islamic Shari'a on the sanctity of the human being, from inception as a sperm-drop until death, the sanctity of the body when buried below earth, and the sanctity of honour, property and homes. Those were fundamental pillars that underpinned Islamic society and formed the springboard for the network of relations among its individuals. The relations should be based on justice and interdependence.
Mr. Laraki recalled that the Palestinian people were still experiencing the tragedy of a continuous, and violent Israeli occupation involving the loss of numerous lives, the confiscation of property, the restraining of freedoms, the aggression being committed against the blessed Al-Aqsa Mosque and the building of more settlements. Likewise, the Kashmiri people who were fighting for the exercise of their legitimate right to self-determination in compliance with the decisions of the United Nations were still undergoing blatant violations of their basic human rights. The killing, destruction and terror to which the Muslim people of Chechnya were subjected in broad daylight constituted a flagrant violation of individual human rights.
ELIZABETH ODIO-BENITO, Vice-President of Costa Rica, said improving mechanisms for the protection of human rights was a constant challenge for the world; Costa Rica was convinced that only respect and safeguarding of human rights would guarantee lasting international peace. Peace and international harmony were only possible if there was respect for life, justice and freedom for all human beings. There should be more active cooperation in promoting human rights and democracy around the world, with international human-rights covenants serving as a guide.
The recent spread of democracy around the world was encouraging, but it was important to recognize that democracy was more than the holding of elections -- it meant providing peace and fair standards for all inhabitants of a country. The task of strengthening democracy had not ended; it required imagination and courage; it was important to disseminate the principle that all human beings had such rights and that each human being had the responsibility of defending the human rights of all. A society in which women were not treated equally would never be a just society and would never provide full human rights, nor would societies that failed to treat children, minorities, and indigenous peoples equally and with justice.
Costa Rica had a long tradition of promoting human rights at the international and regional levels, the Vice-President said. The country felt that the security resulting from peace -- so-called 'peace dividends' -- should result in greater attention to environmental matters, human rights, and social issues, including the right to development. The resources that were released by limitations on expenditures on weapons and defense should be dedicated to such ends. Costa Rica recently had participated in a regional dialogue on the improvement of the human rights situation on the American continent. Costa Rica also had proposed that a United Nations decade be celebrated focusing on the link between human rights and education; as the Third World Conference against Racism approached, emphasis on the importance of education was more important than ever.
BONAVENTURE CHIBAMBA MUTALE, Attorney-General of Zambia, said the issue of foreign external debt still continued to undermine the full realization of economic, social and cultural rights in the developing countries, resulting in high poverty levels. The negative effects of the prescribed structural adjustment programmes being pursued in the developing world had continued to form constraints for developing countries as could be witnessed by the insignificant investments made in the social sector. That was worsened by the ever-decreasing official development aid from the developed world.
Mr. Mutale said that with regard to poverty and the full realization of human rights, the Government of Zambia had put in place, under its poverty alleviation programmes, safety nets intended to meet the needs of the very poor. The objective of the Government was to reduce the poverty level from 72.9 per cent to 50 per cent by the year 2004. In that regard, measures had already been taken. In addition, although one of the measures of the structural adjustment programme was to reduce public expenditure, social sector expenditure was one of the priorities of the Government. However, Zambia's development efforts had been seriously constrained by its huge external debt which was slightly over $ 6 billion. The external debt serving had limited the availability of resources for development purposes.
Mr. Mutale continued to say that integration of human rights of women and achieving gender balance in all spheres of life was a priority for Zambia. The Government was currently reviewing legislation in a bid to amend laws that discriminated and created imbalances. The problem of gender violence had existed in Zambia for a long time. However, a victim support unit had been set up to protect victims of gender violence. In addition, the HIV/AIDS pandemic had had its toll on Zambia's development efforts. The social gains made in the past were fast being eroded as the scourge abound within the productive age group. Zambia had the political will and was fully committed to the realization of all the human rights standards embraced by the State at the international level. However, the Government was inhibited by a number of factors and difficulties beyond its control which required external interventions by those deemed to be cooperating partners.
NADIA FAY U., of the International Save the Children Alliance, said that many Roma, Gypsy and Traveller children throughout Europe continued to be denied proper education. This violated Article 26 of the Universal Declaration of Human Rights, Article 13 of the International Covenant on Economic, Social and Cultural Rights and Articles 28 and 29 of the Convention on the Rights of the Child. There was a scarcity of available data at the level of educational attainment of Roma, Gypsy and Traveller children. There were two main shortcomings in the implementation of their right to education, the low levels of school attendance and the lack of provisions where specialist skills were required.
With the decline of free pre-school provision in many countries, these children were even at more disadvantage. These children were often segregated in schools or classes. They were raised in an environment of regular eviction and with unhealthy or even dangerous basic facilities. Although legislation had been passed on this subject, the implementation was poor. The Alliance appealed to Governments to ensure that Roma, Gypsy and Traveller children did not suffer from discrimination, to take into account the needs of these children and to take measures in order to provide clear and basic information pertaining to Roma, Gypsy and Travellers, including education statistics with particular attention to school attainment.
CARLOS ABRIL, of the Lutheran World Federation, said that caste-based discrimination and similar practices were fundamental obstacles to the enjoyment of human rights by a significant proportion of humanity. These obstacles were most obviously confronted by the Dalits of South Asia despite the abolition of 'untouchability' by the Indian Constitution in 1950 and despite a range of admirable legislative measures taken by the Indian Government. The obstacles included the segregation of entire villages, segregation in schools, the deprivation of land and opportunities for better employment or education, and exploitative economic relationships.
Dalit women suffered triple discrimination on the basis of caste, class and gender, and were particularly targeted for sexual abuse and other forms of violence against women. The antiquity of a particular social system or cultural practice did not excuse gross human rights violations. The Federation hoped that the World Conference against Racism, Racial Discrimination, enophobia and Related Intolerance would provide an opportunity for redressing the lack of attention given to this subject in the international human rights discourse.
ABDEL NASSER OULD OTHMAN SID AHMED YESSA, of Agir Ensemble pour les droits de l'Homme, said that in 1989, thousands of Mauritanians had lost their human rights and had been expelled from their homes; up to 1995, the Office of the High Commissioner for Refugees had helped them; some groups had returned to the country but had been unable to regain their property and had suffered continued human-rights violations. There had been widespread cases of torture, in some situations these had resulted in death. There had been impunity to date for these human-rights offenses, although many of the perpetrators were well-known; since 1993, they had benefited from an amnesty passed by the Mauritanian Parliament which had contained no representatives of the political opposition.
It was necessary to bring these criminals to justice and to remedy the consequences of forced displacements and massive killings. The Commission must condemn the leaders of Mauritania and tell them that they could not escape the consequences of their actions. A reaction from the Commission and the Government of Mauritania was requested.
HORACE PEREIRA, of the World Federation of United Nations Associations, said that the proposed Conference against Racism, Racial Discrimination, Xenophobia and All Forms of Discrimination showed the general apathy and indifference of the adoption of the relevant International Convention on the Elimination of All Forms of Racial Discrimination. Even though it had been ratified by 155 countries, only one-fifth of the parties had made the declaration required by article 14 recognizing the Committee's competence to receive and consider communications from individuals or groups claiming to be victims of violations. It was necessary to adhere to the UNESCO Declaration article 1 and 2 which went further than article 7 of the International Convention, focusing on teaching and education to avoid prejudice.
The Federation questioned whether Governments had made provisions in teacher-training programmes to motivate and prepare teachers to raise awareness about human rights, racism and racial discrimination. International teachers' organizations were asked whether they had conducted programmes internationally and if they had made their national affiliates aware of their responsibility and motivated them to discharge it fully. The Governments of Canada and of the Scandinavian countries were recommended to take up with their respective aid agencies the pressing need to give grants to teachers' organizations for 'Teacher Organization Development', ensuring that a human rights element was included in the programmes conducted.
ANTONELLA ATTARDO, of the Minority Rights Group, said there should be greater recognition of the problems of Brazilian people of African descent, and greater action taken to defend their rights; a pervasive, discriminatory social hierarchy based on skin pigmentation remained dominant in Brazil; Brazilians of African descent were poorer, had higher death rates, and suffered lower rates of education and higher levels of unemployment than Brazilians in general. Afro-Brazilian women were often faced with entrenched sexual stereo-typing; police treatment of Afro-Brazilians was discriminatory, and this section of the population was under-represented in Government and other positions of power.
The Brazilian Government was urged to improve the land-tenure situation for Afro-Brazilians and to enact and enforce legislation to eliminate all forms of discrimination against them. It should do so because justice required it and as an act of good faith in advance of the Third World Conference against Racism.
JEAN-JACQUES KIRKYACHARIAN, of the Movement Against Racism and for Friendship Among Peoples, said that non-governmental organizations would participate in the preparation for the World Conference against Racism. However, they could not eliminate racism with only good will and meagre funding. The importance of the State was pivotal as was the clear expression of a political will to eliminate racism. Europe had increased its awareness as a result of the uproar in Austria. The moves made against racism in France through the Treaty of Amsterdam in article 13 on social policy should be observed. According to a survey made in France, a great number of people had admitted to having prejudiced thoughts. A positive sign was that a greater majority rejected racism. Social organizations and trade unions would be important in the struggle against racial discrimination.
The Movement made reference to the Haider phenomenon in Austria. There was a problem in the portrayal of ethnic conflic in the media, the lack of information led to misunderstandings and indifference. Immigrants were isolated in their host-countries and it was recommended they were invited to take a more active part in society through participation in local elections. Racism was not only a threat to the victims but to society as a whole.
ESTER JUSUI, of the Society for Threatened Peoples, said that racial violence had become a common phenomenon in Indonesia against the Chinese ethnic community. In 1998, women of Chinese descent were targeted for rape, and the rest of the Chinese community for assault, looting and murder. The military had been passively involved in all racial crimes by failing to give protection to Indonesian citizens of particular ethnic origin. There had never been serious prosecution of racial crimes nor had there been any sort of protection schemes for victims and witnesses. The few remedies, which were only rarely offered, were in the form of show-arrests or superficial symbolic reconciliation. This racial division and violence in Indonesian society was based on a well-supported and well-nurtured sense of hatred and stigmatization against the ethnic Chinese.
HELEN SAYERS, of the Brahma Kumaris World Spiritual University, said most people saw the world not as it actually was, but from limited and subjective perceptions based on self-interest; taking off the glasses through which they had learned to see and judge the world called for some effort and required new understanding, but opened up a whole new perspective that included the realization that all people had the same blood, the same components, the same sweat and tears. It was the soul, not the body, that held human hopes, aspirations, and values.
It was awareness of everyone's common spirituality that could empower human beings to transcend the barriers that divided them. Brahma Kumaris was currently working with other organizations worldwide in a project called Living Values: An Educational Programme. It strongly believed that progress could only be made when there was a value system that embraced equality, diversity, and equity at every level of society.
ROGER WAREHAM, of the International Association against Torture, said the key issue under agenda item 6, was the World Conference against Racism. The speech delivered by the Secretary of State of the United States, Madeleine Albright, the previous day had highlighted the need to examine one's own situation before criticizing others, and to investigate whether the standards of the Commission were truly universal. Amadou Diallo, who was shot 41 times as he was standing at his doorstep in New York, was an example of the most atrocious institutionalized racism. Recently the four policemen who shot him had been acquitted, showing one more time that policemen were rarely prosecuted for the murder of Afro-Americans. There were other racist incidents, such as the Rodney King beating, and the murders of Malcolm Ferguson and Patrick Dorismond.
Afro-American and Hispanics were confronted with racist police abuse on a regular basis. Young males were particularly affected. Preparation by the United States for the World Conference against Racism had not yet begun. If the United States, as the self-proclaimed leader in human rights, was sincere about the Conference, it should not attach itself to the European or Brazilian preparatory committees but it should hold its own. There was a double-standard when the United States Government insisted on compensation for Jewish victims of the Holocaust while it made no move to compensate the descendent of slaves.
HAROLD HONGJU KOH (the United States) said that the United States was pleased about the new resolutions by the Commission on Human Rights to promote the right to democracy and good governance, values essential to the promotion and protection of universal human rights. No nation could claim to have overcome problems pertaining to racism, racial discrimination and xenophobia, but the American experience showed that nations could make great strides over time. The United States did not tolerate any form of racism, and the progress made was directly attributable to the growth of democracy and the broad civil sector. The civil rights movement had united Americans from every walk of life demanding justice, equal protection and that all Americans be born free and equal in dignity and rights.
There had been and were still problems pertaining to racism towards Native Americans, Afro-Americans and Asian-Americans in the United States. America was one of the racially and ethnically diverse nations and had a long way to travel before all racial hatred was eliminated. America hoped to share its experience of constitutional and legal guarantees, the most extensive set of protections in the world, at the World Conference against Racism. President Clinton had emphasized the importance of racial issues in his Initiative on Race and his Initiative for One America. There was also The Leadership Conference on Civil Rights which was a coalition of more than 185 private groups with over 50 million members, and which focused on discrimination based on ethnicity, minority status, gender and sexual orientation, age, religion, union membership and physical and mental disabilities. The American experience had shown that progress could be made and tolerance sustained when working together as a transnational network of public and private actors promoting human rights.
WANG MIN (China) underlined that racism was one of the most serious violations of human rights. With the abolishment of apartheid in South Africa, the world-wide struggle against racism had scored a great victory. However, it should be noted that in the increasingly globalized world today, the long-standing problem of racism, far from being entirely eliminated, now had developments. China was convinced that the forthcoming World Conference against Racism, to be held in South Africa, would play an important role in increasing the world's consciousness of the problem of racism. The Conference had great significance as it was the first world-wide meeting against racism in the new century. In addition, it was an alarming fact that new manifestations of racism such as neo-fascism and neo-Nazism had raised their ugly head in developed countries recently with serious consequences.
Developed countries should promptly take effective measures, investigate racist acts and entirely eliminate the soil for the growth of racism. Racism had its deep social and historical origins with various manifestations. Within a country, racism often manifested itself in different aspects such as politics, the economy, culture and education. As a result of the inequitable international political and economic order, various forms of discrimination and unfair treatment existed among countries of the world. All countries had the responsibility and obligation to strengthen education in human rights and to improve relevant legislation aimed at ensuring the enjoyment of equal rights for all races in various aspects of social life.
TEHMINA JANJUA (Pakistan) said racism, despite the end of apartheid, continued around the world and it was especially discouraging to see its resurgence in various guises in the developed nations. It was all too easy for unscrupulous politicians to resort to racism to win power or to cling to it; everyone should understand that behind such euphemisms as 'ensuring cultural identity' or
'maintaining homogeneity' lay the sinister forces of racism. In Pakistan's own neighbourhood a fundamentalist and fascist party had gained power and won popularity by fanning populist hatred of minority religions -- Islam and Christianity -- and by encouraging the suppression of lower castes.
Islam and its followers had become easy targets of late for xenophobic attacks. Fundamentalist Islam had been portrayed as being synonymous with terrorism; some countries which were guilty of foreign occupation and denial of the right to self-determination actively promoted this trend by terming freedom fighters as 'terrorists' simply because they were Muslims. The slanderous phrase 'Islamic terrorists' had been used even at the Commission. But Islam was a religion of peace and respect for human rights and such negative stereotyping of it should be condemned.
CLIFFORD S. MAMBA (Swaziland) said he believed that international efforts should be enhanced to address the problems of discrimination in the areas of the world in which they still existed, or where new forms of racism, racial discrimination, xenophobia and related intolerance were emerging. The forthcoming World Conference against Racism would examine the problem in all its aspects and further adopt concrete measures for eliminating them. The Conference was convened at a particularly relevant time in view of the recent resurgence of old ethnic, racial and national antagonisms in the various forms of intolerance, which resulted in ethnic conflicts, ethnic-cleansing and genocide in the most extreme cases. Evidently, that form of intolerance had been the cause for conflict being a consequence of deplorable violations of human rights. There was an urgent need to adopt measures, such as support mechanisms and early-warning systems, in order to curb conflicts before they became a crisis. The impact of racist and discriminatory practices transcended the borders of nation States and as such, a global approach should be formulated to ensure universal elimination of the problem.
ARTURO HERNANDEZ BASAVE (Mexico) said that racism was a serious violation of human rights which was manifest to a greater or lesser degree everywhere in the world. Determined action by the international community was required to overcome racial hatred, xenophobia and other forms of intolerance. Racism could not be justified by the right to free expression. The international community had to struggle against all forms of intolerance and racism. Action had to be taken against campaigns inciting violence and racial hatred through new global means such as the Internet. Political will had to be shown to combat such hatred.
The World Conference against Racism therefore had to double the effort to combat racism, adopt a plan of action with concrete measure, and guarantee due financing for such activities. The first World Conference had dealt with the protection of immigrants and migrant workers. The second World Conference had also discussed the same issue. The Government of Mexico appealed to the Commission that the third World Conference make the protection of immigrants and migrant workers a top priority. Mexico had taken steps to create a culture of tolerance and respect for diversity and planned to play an active part in the World Conference as well as the preparation thereof.
JUAN FERNANDEZ PALACIOS (Cuba) said that this agenda item was all the more important in advance of the Third World Conference against Racism; racism was far from vanquished, and was assuming new, alarming, and invidious forms, especially in the developed countries. Political parties with racist policies were gaining power in these countries; added to discrimination against racial minorities there was discrimination against migrants and migrant workers, who had become targets of violence by racist groups and were subject to persistent discrimination by the police and court systems. The Internet, meanwhile, was being misused to spread racist ideologies and ideas.
The United States was perhaps the most flagrant site of racism and racial discrimination. The recent acquittal of four police officers who had brutally killed an innocent African-American was the latest indication of the utter inability of victims of discrimination in that country to achieve justice. Cuba also felt concern over discrimination against minorities, especially Roma, in the Czech Republic, as cited by the Special Rapporteur.
LEGWAILA J. LEGWAILA (Botswana) said that even when countries put in place national and international laws to discourage and punish crimes committed in pursuit of racism and xenophobia, there were times when the real intent of such legislation appeared to suggest otherwise. Immigration and asylum laws at times appeared to be targeted at a particular group of people, either because of its race or national region. In addition, while the advent of new information technologies had brought unparalleled opportunities to the world, it had also provided a convenient vehicle for those whose volition was to spread the message of hate, bigotry and xenophobia. Hate groups had taken to the web, perhaps even better than the duck to water. Although in the name of democracy one could not deny hate groups access to the Internet, one should not tire of seeking to take all the necessary steps to stanch their poison. Botswana was a democratic country, one wholly subscribed to uphold the right of citizens to use the media to express themselves without censorship. However, one should believe that legislating against the use of the media to spread message of hate was undemocratic and constituted censorship.
WIJESIRI HETTIARACHCHI (Sri Lanka) said that racism must be combatted as there was still racial discrimination, xenophobia and human rights violations in many parts of the world. There was discrimination in new and old forms. Ethnic conflict was persistent throughout the world, leaving vulnerable groups targets of violence. Migrant workers were often targeted and undocumented migrant workers were even more vulnerable. A new serious issue was the new access to the Internet technology, a tool by which hatred and racism could be spread at little or no cost, hiding behind the principle of free speech.
The World Conference reflected the growing international concern and the wish to combat racism in an increasingly globalized world. Sri Lanka welcomed the proposals under agenda item 6. Action had to be taken at international, regional, national and local levels in order to succeed in combatting racism. Sri Lanka reminded the Commission of last year's resolution which promised technical and financial resources to the regional proportional meetings which were needed to ensure the success of the World Conference.
CORRIGENDUM
In the press release HR/CN/00/4 of 21 March 2000, the first statement on page 7 should read as follows:
DAVID LITTMAN, of the Association for World Education, said that as was stressed last year, a grave danger came from systematic efforts to replace or modify the universally recognized code of human rights that was enshrined in the Universal Declaration of Human Rights and international covenants. During the past year, the Association had endeavoured to alert United Nations bodies on the necessity - when formulating their decisions and resolutions - of not creating exceptions to 'internationally recognized human rights norms'. The Association urgently appealed to the Commission on Human Rights to examine carefully what could be undertaken to rectify an anomalous situation, whereby what was essentially a religious document, submitted by a non-regional body, was inexplicably published in December 1997 by the United Nations, officially under the auspices of the Office of the High Commissioner for Human Rights, in a UN volume titled: A Compilation of International Instruments Vo. II: Regional Instruments. The Association strongly recommended the omission of pages 477-484.
The Association for World Education was heartened to read in the report of the High Commissioner about Sudan being specified as a country where traditional slavery persisted. The report had many pages on slavery, and the Association hoped that as of now, the Commission and others would not shy away from calling a slave a slave. The Association and other non-governmental organizations had regularly denounced slavery in Sudan.
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