SUBCOMMISSION DISCUSSES RACIALDISCRIMINATION

MORNING


HR/SC/99/8
10 August 1999



The Subcommission on the Promotion and Protection of Human Rights this morning heard a series of statements on problems of racial discrimination and on efforts to eradicate it.

Several Subcommission Experts presented working papers or reports addressing various aspects of the issue, while a parade of non-governmental organizations (NGOs) lodged of specific allegations of racism, xenophobia and discrimination against -- among other things -- migrant workers and their families.

Expert David Weissbrodt's working paper on the rights of non-citizens referrred to the Committee on the Elimination of Racial Discrimination, which had said increasing distinctions were being made between different categories of non-citizens and that these distinctions could have amounted to total exclusion of persons, depriving them of the most fundamental rights and having racist implications.

Joseph Oloka-Onyango, another Expert, detailed his working paper on the link between globalization and racism. Most of the many studies on globalization did not address its relation to racism, he said, and the challenge before the Subcommission would be to investigate the connection between the two.

Expert and Rapporteur Paulo Sergio Pinheiro, meanwhile, presented an oral report about the upcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. He proposed that the Subcommission prepare a working paper featuring all suggestions and recommendations concerning racism since the World Conference against Racism in 1983. That, he said, would help the group to find common denominators amongst all the studies.

Expert Marc Bossuyt said his paper on affirmative action described recent developments in the United States and Europe. More study and legal action would be needed to further define the term "affirmative action", he contended.

Expert Halima Embarek Warzazi spoke about the plight of migrant workers, maintaining that once they survived often-treacherous journeies to reach their destinations, they still faced racism and discrimination. She said that aggression against them was not committed only by extremists, but by police officers.

Alternate Expert Oleg Shamshur said the Subcommission should be studying areas of racism which had been overlooked by other bodies.

Addressing the meeting were representatives of the Azerbaijan Women and Development Center; International Confederation of Free Trade Unions; Netherlands Organization for International Development Cooperation; International Movement Against All Forms of Discrimination and Racism; Aboriginal and Torres Strait Islander Commission, Movement against Racism and for friendship Among Peoples; Minority Rights Group; European Union of Public Relations; International Association against Torture; Minnesota Advocates for Human Rights; December 12th Movement International Secretariat; Indian Council of Education; Interfaith International; International Institute for Peace; and Afro-Asian People's Solidarity Organization.

The Subcommission will reconvene at 3 p.m. to conclude its review of matters related to racial discrimination and to begin debate on economic, social and cultural rights.

Documentation

Before the Subcommission under this agenda item was a note by the Secretariat (E/CN.4/Sub.2/1999/5) on a comprehensive examination of thematic issues relating to the elimination of racial discrimination, which affirms that the Subcommission agreed that the United Nations High Commissioner for Human Rights should be requested to send out a questionnaire to Governments, international organizations and non-governmental organizations, inviting them to submit relevant national documentation on the subject of affirmative action.

There was a note by the Secretariat (E/CN.4/Sub.2/1999/6) on the upcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, which reports that Subcommission Expert Paulo Sergio Pinheiroi will make an oral presentation on the subject.

There was a working paper submitted by Expert David Weissbrodt (E/CN.4/Sub.2/1999/7) on the rights of non-citizens, which discusses the origins of the Subcommission's decision to undertake a study on the rights of non-citizens, reviews the standards of the International Convention on the Elimination of All Forms of Racial Discrimination, and outlines the standards of other relevant human-rights instruments relating to non-citizens, including the United Nations Charter, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live. An addendum (E/CN.4/Sub.2/1999/7/Add.1) covers issues relating to migrants and focuses, among other things, on the International Convention on the Protection of all Migrant Workers and Members of Their Families.

Also before the Subcommission under this agenda item was a working paper (E/CN.4/Sub.2/1999/8) submitted by Expert Joseph Oloka-Onyango on globalization in the context of increased incidents of racism, racial discrimination and xenophobia, which starts with a broad analysis of globalization and then addresses the nexus between globalization and racism. Before offering conclusions and recommendations for action, the document also discusses the human-rights context of globalization.


Statements

DAVID WEISSBRODT, Subcommission Expert, introducing his working paper on the rights of non-citizens, said the paper reviewed the background to the Subcommission’s decision to pursue the topic, explored the rights of non-citizens under the relevant international standards and in particular the Convention on the Elimination of Racial Discrimination, and examined the development of the rights of non-citizens since the 1985 Declaration on the Human Rights of Individuals Who Are Not Nationals of the Country in Which They Live. Lastly, the working paper presented tentative conclusions and recommendations.

The paper indicated that the Committee on the Elimination of Racial Discrimination (CERD) noted that in an increasing manner distinctions were being made between different categories of non-citizens and that these distinctions could amount to the total exclusion of persons, depriving them of the most fundamental rights and having racist implications. The Committee had also stated that these distinctions raised questions from the perspective of the Convention on the Elimination of All Forms of Racial Discrimination.

JOSEPH OLOKA-ONYANGO, Subcommission Expert, introducing a working paper on globalization in the context of an increase in incidents in racism, racial discrimination and xenophobia, said 1999 was the year globalization received unprecedented coverage. It would be the issue of the next millennium. It was important for the Subcommission to come to grips with this new animal, and this working paper addressed that. In globalization, there were some things that were new, but there were many things that were old.

There was the stage of this trend where everyone recognized the internationalization of human rights. Part in parcel of that was the growth of global civil society. The growth of civil society had led some to say that what was being witnessed today was a clash of globalizations. It was only through an appreciation of the past that the present could be fully comprehended.

The studies surrounding globalization were many, but invetigations connecting it to racism were few and far between. The task for the Subcommission was to investigate that link. It was hoped that the working paper would assist.

MARC BOSSUYT, Subcommission Expert, provided some background information on a paper he had presented the Subcommission on the topic of affirmative action. (E/CN.4/Sub.02/1998/5). The document referred to recent developments in the United States and in the court of the European Community. More study and legal action was needed to further define the term "affirmative action", he said

Positive discrimination was not an appropriate term, as discrimination should not be seen as something that was in any way legitimate. Positive action should meet the needs of people who had been discriminated against, he said. The term "discrimination" in international law referred exclusively to people who had been treated in an arbitrary manner.

PAULO SERGIO PINHEIRO, Subcommission Expert, said that although there was supposed to be a report on the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, instead he would just give an oral report. During the present session, there would be a study presented on affirmative action. No doubt that would inspire an important proposal for the upcoming World Conference.


He proposed to prepare a working paper about all suggestions and recommendations made in the field since the Conference on Racism in 1983. This would try to find a common denominator among all the studies. If the Subcommission agreed, a preliminary version of the paper would be ready by a session of the relevant working group in May 2000.

SEVA BAGUIROVA, of the Azerbaijan Women and Development Center, said there had been the massive trauma of Kosovo where people were slaughtered because of their different cultures. Tent cities were seen on television screens. The Center was thankful that the world community had taken the necessary measures.

Many Azerbaijani refugees were living in tents, having been driven out of their homes by Armenia. To grow accustomed to evil was to approve of it. It was the common task of the international community to ensure the maximum value for the existence of mankind, and it would not be possible without the concept of co-existence, and that would not be possible without respect for each individual. Nationalism and xenophobia were realities throughout the world.

ANNA BIONDI BIRD, of International Confederation of Free Trade Unions, said global migration, while it made signifigant contributions to national economies, often meant migrants experienced gross human-rights violations. While migrant workers were often unskilled, low-paid workers who were vulnerable to exploitation, many were escaping even worse conditions in their home countires. The ICFTU was conducting several international campaigns to protect, organize and empower migrant workers.

The ICFTU had been instrumental in the ILO's decision to start a new campaign for the ratification of ILO Conventions on workers' rights. The ICFTU called for a renewed synergy between UN agencies to bring this about. The labour movement also supported national labour legislation to combat forced trafficking of workers as well as to provide legal and health services to migrant workers.

NUR AMALHA, of the Netherlands Organizations for International Development Cooperation, said Indonesia was sending the second largest number of migrant workers in Southeast Asia to various countries. The Indonesian government's policy of sending migrant workers abroad went back to the New Order regime of Suharto years ago, and this policy had continued after the Suharto regime was replaced by the Habibie government.

There was discriminative treatment abroad, as could clearly be seen in the handling of the Nasiroh case, in which a domestic worker was sentenced to death in Saudi Arabia because she was forced to defend herself by killing her employer when he was going to rape her. From the moment she was arrested, the Indonesian Government, through the Indonesian Embassy, had not done anything to give her protection and legal assistance. Only after the Arab court sentenced her to death and her execution was about to be carried out did the Government endeavour to give her legal aid.

ATSUKO TANAKA, of International Movement Against All Forms of Discrimination and Racism , spoke of the organization's increased concern for the impact of global competition on the poor. There was a growing gap between the rich, who were actively engaged in the process of global competition, and the poor, who were excluded from it. The organization was especially concerned about the situation of indigenous and other rural minorities who had had their lands confiscated and occupied by agribusiness, mining and other interests.

The organization supported the examination under way of the rights of non-citizens, especially those who were born in country and, for one reason or another, could not or did not wish to become citizens. A broader examination of the definition of citizenship would be welcomed.

SHANE HOFFMAN, of Aboriginal and Torres Strait Islander Commission, said the decision by the United Nations General Assembly that a World Conference to Combat Racism should be held during 2001 as the culmination of the third International Decade to Combat Racism arose from the frustration felt by many that efforts to combat racism were not working.

The indigenous peoples in Australia shared this frustration. No other group in Australia suffered racial discrimination to the same extent. Since 1996, the Government had significantly reduced the budget of the Human Rights and Equal Opportunities Commission and had signaled its intention to change the nature of the Commission so that no single Commissioner would have responsibility for racial discrimination -- neither would there be a Commissioner with specific responsibility for Aboriginal and Torres Strait Islander social justice. Furthermore, the Government had passed legislation which CERD had determined to be racially discriminatory.

JEAN-JACQUES KIRKYHARIAN, of Movement Against Racism and for Friendship Among Peoples, expressed concern for the increase in globalization and the increasing exclusion of some groups. Xenophobia in Europe had led national Governments to escape their legal obligations to migrants and other marginalized groups. Competition among workers fed xenophobia. This was one reason why countries had hesitated to ratify the relevant Convention.

Discriminatory practices must be opposed by effective legal action. Effective principles to apply when combatting racism were liberty and equality.

ANNA-MARIA BIRO, of Minority Rights Group, said the paper prepared by Mr. Oloka-Onyango raised many important issues. One of these was the way in which State agencies such as the police and immigration officers had a clear role and obligation under the various international instruments. This was an issue in each and every country of the world. The recently published enquiry into the death of Stephen Lawrence in London had been dramatic. The enquiry spoke of racism that existed in many institutions, including State agencies.

That finding came as no surprise to UK-based human rights NGOs or to the UK Commission for Racial Equality. The UK Prime Minister, in the wake of the report, spoke forcefully of the need for change, of wanting to make Britain a beacon to the world on matters of race equality and of his desire to rediscover a national identity that all could be proud of.

JUANITA OLIVER, of European Union of Public Relations, said overt racial discrimination posed a serious threat to the promotion of human rights. A new breed of discrimination existed, as displayed in religious and ethnic discrimination in countries such as Rwanda, Yugoslavia and Afghanistan. Fanaticism fueled these flames; death and destruction often resulted.

The main victims of the policies of racial discrimination were multi-ethic and multi-religious societies. The blame rested with those who encouraged fissures in society for their own selfish political and other reasons. Xenophobia reveled in an environment of weak democracy. Human-rights activists should investigate the legal structures and educational environments of countries which sanctioned discrimination and created darkness instead of enlightment.


ROGER WAREHAM, of International Association Against Torture, said last year the Association had voiced its concern that the United States had tried to sabotage the World Conference on Racism, which was scheduled to be held in 2001 despite its opposition. The Subcommission was encouraged to take the mandate provided by the Commission on Human Rights and produce studies whose quality would underline the necessity for a strong and widely participated-in conference.

The Association viewed the report of Mr. Oloka-Onyango as proof once again of the tremendous significance of the Subcommission when it exercised its role as an independent body in the UN human-rights structure. The report noted that globalization, in fact, benefited only a small minority. In that sense, the Association maintained that at the close of the 20th century, a repeat, in a different form, of the colonial trans-Atlantic-slave-trade-era hierarchy could be seen. In the period of colonialism, an elite group of countries derived economic benefit from the exploitation of non-Europeans and the theft of the natural resources of their lands; and the same thing was occurring now.

PENNY L. PARKER, of Minnesota Advocates for Human Rights, said the organization was an NGO dedicated to documenting human-rights abuses, advocating on behalf of individual victims and educating communities about human rights. One example of the group’s work was the BIAS Project. Its purpose was to combat racism and provide immigrants with information about their legal rights. The project also provided outreach and educational materials to combat stereotypes of immigrants in local communities.

Negative stereotypes still persisted; debunking the myths took careful research and planning to combat racist attitudes. The BIAS Project was one example of methods of creating long-term constructive relationships in communities.

JED MICHEL, of December 12th Movement International Secretariat, said it was imperative for the world to reconcile its rhetorical demands with its practical demands. If the new millennium was to bring anything of value, it must be a new outlook on the world, along with new standards and policies consistent with the demand for genuine democracy for the world populace, in both the North and the South.

On this particular day, it was unknown why the United States had for the fourth consecutive occasion failed to present its report on racial discrimination within her borders to the Committee on the Elimination of Racial Discrimination. A form of racism of great concern was where it had been incorporated into the engine of a powerful and efficient machine, such as the Government of the United States, or a financial superstructure, such as the International Monetary Fund. Racism occurred not only when a white man simply called a black man a nigger, but when the New York City Police Department was allowed to murder a young man by shooting him 41 times when he was weaponless and had committed no crime.

V.K. GUPTA, of Interfaith International, said the best way to fight racism was to fund the World Conference on Racism. Some nations had been quick to give funding. Proper funding allowed for planning, implementation and participation. It was to be hoped that the remaining funding would quickly come forth.

The next step in ridding the world of the scourge of racism was for all countries to ratify the International Convention on the Elimination of All Forms of Racial Discrimination, and all other related conventions and resolutions. Nations should pass legislation to implement those conventions. Ratification should be a goal for ending this millennium; such shameful behavior as racism should not be dragged into the new millennium.

HALIMA EMBAREK WARZAZI, Subcommission Expert, said the plight of migrant workers had been of interest to her since 1972. When migrants managed to succeed in reaching their destinations, they often faced discrimination. The racist aggressions they suffered were not only inflicted by skinheads and extremists, but also by the police in Vienna, Oslo, Paris, Berlin, and other cities. A document that had been published said that 1,426 Internet sites had been found that argued for racism. In Asia, following the economic crisis, migrant workers had found themselves without work and expelled. The Third Decade against Racism had not seemed to have achieved its objectives. Racism was only increasing. There were some successes. Belgium had just modified its Constitution to allow victims to complain to prosecutors.

It was hoped that the Special Rapporteur would know how to encourage Governments to increase awareness policies about the rights migrant workers. The Governments of host countries should also inform their nationals that when immigrants took jobs, they helped the entire society. Such immigrants consumed products and paid taxes. It would be useful for the Special Rapporteur to consider clandestine migration, which had been increasing. The real problems facing immigrants had been masked and ignored because of that.

OLEG SHAMSHUR, Subcommission Alternate Expert, said the Subcommission should be looking at areas of racism which might have been overlooked by other bodies.
Globalization and racism was one example of an area worthy of study by the Subcommission. The human rights of non-citizens was another. More information and examples were needed.

During crucial times in a country's history, the mass media had often victimized and stereotyped migrants. The mass media should be urged to conduct positive information campaigns to fight racism and xenophobia. Trafficking in human beings --especially women and children -- was another worthy area of study by the Subcommission. International standards should be set up to combat these practices. Clear and up-to-date definitions should be included along with practical suggestions on how to combat these practices.

DAVID OLIVER, of International Institute for Peace, said it was distressing that even today, issues rightly belonging to the Middle Ages still existed. One would have imagined that mankind's scientific and technological discoveries would have destroyed any misguided justification that could have been presented to support racial discrimination. But there were still players on the international scene who not only endorsed such policies, but expected others to emulate them.

Despite its size and heterogeneity, India had still not been able to eradicate intolerance and discrimination. Oppression was a hallmark of all dictatorships perpetuated by the creation of a culture of discrimination. Pakistan had been no exception. Religion, the basis of the creation of Pakistan, had become the tool of oppression.

A. M. ALI, of Afro-Asian People's Solidarity Organization, said the conditions of migrant workers had worsened. When countries experienced economic difficulties, the first targets were migrant workers. In spite of the signifigant contributions of migrant workers in such countries, anti-immigrantion laws were increasingly designed to restrict their mobility. Old prejudices of colour and creed were coming into play. The results had been quotas, forfeiture of passports and wages, attacks on residences of foreign or guest workers and denial of recourse to the law.

Another worrying trend was recruitment agencies that sought cheap labour in developing countries. There, people were lured by the hope for a better life. Non-democratic countries without legal structures to protect expatriate labour posed a special problem. Workers returning to their home countries continued to face problems, and many found that they were denied re-entry.