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Suggestions Made for Upcoming World Conference Against Racism
07 August 2000
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Sub-Commission on the Promotion
and Protection of Human Rights
52nd session
7 August 2000
Afternoon
Representatives of non-governmental organizations (NGOs) spoke before the Subcommission on the Promotion and Protection of Human Rights this afternoon, charging racial discrimination in various countries and regions, and against such groups as migrant workers and indigenous peoples.
Discrimination against Dalits and other forms of caste discrimination were charged by a series of NGOs, including the Muslim World League, the World Muslim Congress, Anti-Slavery International, Pax Romana, and the Lutheran World Federation. Speakers said such discrimination qualified as "racial discrimination" and should be discussed at the upcoming World Conference against Racism.
The International Organization for the Elimination of All Forms of Racial Discrimination and Interfaith International charged that newspapers and television networks often showed discriminatory attitudes towards migrants and people of minority religions and races.
Proposals also were offered by NGOs and observer Governments for activities to be carried out at next year's World Conference against Racism, including discussion of compensation for victims of the international slave trade; review of the situation of the "untouchables", or Dalits, of India; efforts to end discriminatory rhetoric on the Internet; investigation of the causes of intolerance between native and non-native settlers of long standing, as in Fiji; consideration of the effects of globalization on racial discrimination; and exploration of the links between poverty and racism.
Representatives of the following NGOs spoke at the afternoon meeting: the Afro-Asian People's Solidarity Organization, the International Organization for the Elimination of Racial Discrimination, the Lutheran World Federation, Interfaith International, the International Movement against All Forms of Discrimination and Racism, the Asian Women's Human Rights Council, the International Young Catholic Students, the Muslim World League, the International Confederation of Free Trade Unions, the International Institute for Peace, the Indian Movement Tupaj Amaru, the Netherlands Organization for International Development Cooperation, the World Muslim Congress, the World Federation of Trade Unions, the Minority Rights Group, Anti-Slavery International, Pax Romana, the International Indian Treaty Council, and Liberation.
Representatives of the following countries delivered formal statements: Mexico, Cuba, Turkey, Chile, the United States, Pakistan, Colombia, Bahrain, Italy, India, and Mauritius.
And Subcommission Expert Soli Jehangir Sorabjee also addressed the meeting.
The Subcommission will reconvene at 10 a.m. on Tuesday, 8 August. It is expected to conclude its debate on the elimination of racial discrimination and to take up discussion of economic, social and cultural rights.
Statements
KEITH BENNET, of the Afro Asian Peoples Solidarity Organization, said that intolerance, based on concepts of race, religion and creed was fast emerging as the most potent threat to the welfare of mankind. The examples of Yugoslavia, Rwanda, Afghanistan and now Indonesia demonstrated how quickly the spread of intolerance could generate a conflagration. The organization was particularly concerned with the situation in Fiji, where the overthrow of democracy had been seen, and Pakistan, where the flirtation with democracy had been doomed to end. The Government spoke of democracy in one breath and jihad in the other. Discrimination, Pakistani style, spared no one, not women, minorities nor neighbours. The women of Pakistan remained one precarious step away from the fate of their gender in Afghanistan, suffering from honour killings and being relegated to second class citizens. Racial discrimination and xenophobia had no place in a true democracy. If the international community did not wake up and take action the rights of the people of Pakistan would be in jeopardy. Even in international politics there had to be some values.
HANAN SHARFELDDIN, of the International Organization for the Elimination of All Forms of Racial Discrimination, said media and press work should be exercised within the boundaries of honesty, integrity and conscience; members of the media should have to take an oath similar to that taken by lawyers, judges, and physicians. According to surveys, one special interest group in the United States owned about 1,000 local and international newspapers, including many in Europe, and influenced also television and film production -- it was sufficient simply to mention the emperor of international media, Mr. Murdoch.
A mere hint of the power of racially motivated media was the way a recent trial of a few individuals accused of espionage in Iran had been reported -- the whole world was made to stand on its toes, the matter was exaggerated and the reporting showed cynicism, simply because the defendants belonged to a certain religious denomination. Meanwhile, dozens of other people all over this region had their rights unjustifiably violated and hundreds were imprisoned without charges or trials, but hardly any mention was made of them in the international media. Wasn't this racism and discrimination? The United Nations should establish an international press agency for news in relation to the work and conferences of the UN in order to reduce some of the negative effects of the international media's burring and numbing tactics.
PETER PROVE, of the Lutheran World Federation, said that racial discrimination also included discrimination on the basis of caste or other descent as had been made clear in the September 1996 concluding observations of the Committee on the Elimination of Racial Discrimination. Discrimination on the basis of caste affected many millions of people in South Asia and in parts of Africa. It consisted of a complex combination of violations of both key civil and political rights and many economic, social and cultural rights and represented a fundamental obstacle to the realization of the right to development for the most affected communities. Despite this, the matter was almost invisible on the formal international human rights agenda. A shroud of silence covered the 'broken people' discriminated against on the basis of caste or descent. The Subcommission was encouraged to undertake a study process on the issue of discrimination based on caste or descent, with a view to identify affected communities and propose concrete measures, both legislative and practical, for the amelioration of their lives.
CHARLES GRAVES, of Interfaith International, said the organization had sponsored in London last month a meeting on the topic of "the role of NGOs and faiths in combatting racism: preparing for the United Nations World Conference against Racism". Certain propositions came forth, for example that the religious dress of Muslims incited racist comments, or that the chaplaincy of the UK prisons did not provide any Muslim chaplaincy services to inmates, but only Christian services. The Muslim community of Britain was working with the Government to improve the situation regarding Islam phobia in the United Kingdom. Another important item of discussion was the treatment reserved for vulnerable groups within the media; owners of newspapers in particular came under attack for what was appearing in newspapers of a racist or xenophobic tone -- especially about asylum seekers. The meeting suggested that the UN Secretary-General act to stop the misuse in the media of innuendos about particular religions and racial or ethnic groups.
Participants in the meeting also said the World Conference should discuss misuse of racism by political leaders, as in certain countries that was done where one ethnic or religious group dominated others. The question of compensation of victims of the slave trade was also suggested as a topic for the World Conference.
ATSUKO TANAKA, of the International Movement against all Forms of Discrimination and Racism, said that one of the focuses of the organization's campaigns was the situation of Sri Lankan women migrant workers and the incitement of racial discrimination on the Internet. In 1998, it was estimated that about 1.2 million Sri Lankans were employed in the Gulf countries, and that many others had migrated though unofficial channels. Little attention had been paid to the misery and hardship of these workers and the abnormally high figures of employment-related deaths and numbers of harassment complaints. The problems faced by migrant workers in the Gulf countries consisted of recruitment agency fraud, default of payment by employers, heavy workloads, harassment and sexual abuse. The organization urged the Governments that had not done so, to ratify the Convention on Rights of Migrants before the World Conference next summer.
Governments were also encouraged to take immediate measures against cases of incitement of racial discrimination and to clarify the responsibility and accountability of agencies involved in Internet communications. The Internet should be used for the promotion of peace and protection of human rights and not for war or propaganda. The establishment of good practices was required as well as effective legal measures that dealt with incitements to discrimination on the Internet.
AKIRA MAEDA, of the Asian Women's Human Rights Council, said there was continuing discrimination against Sangokujin -- Koreans and Chinese -- in Japan. Recently, the Governor of Tokyo had remarked that they caused riots and that non-Japanese overstaying as illegal entrants were "criminals". During the Great Kanto Earthquake of 1923, over 6,000 Korean migrant workers and students were massacred by the Japanese military, police and vigilantes based on the rumour that Koreans had poisoned wells. Then there had been the "comfort women" catastrophe during World War II.
Even this decade, there had been some 200 cases of violations of the rights of Korean minority residents in Japan. Most involved violence towards Korean schoolgirls who wore their national costume. In 1998, an office of the Korean association was attacked and a Korean was murdered in Chiba city near Tokyo. The Subcommission was requested to pay attention to this matter and to help end the discriminatory policy against foreigners in Japan.
GUY OWONA, of the International Young Catholic Students, said that improving living conditions of migrant workers was vital. The organization remained faithful to this goal and encouraged the Subcommission to move forward on this issue. The problem of migrant workers and their families needed to be taken seriously. The situation of Haitian migrant workers in the Dominican Republic was highlighted, where workers arrived without resident papers hoping that the situation would be better than in their country of origin. These people were vulnerable to economic, social and cultural discrimination, occurring as a result of a difference in skin colour. Haitian migrant workers were unable to get access to the social infrastructure, health care and education. The Dominican Republic did not account for these people and policies were carried out as if they did not exist. The respect for human rights in this situation needed to be highlighted. This situation had to be resolved before it worsened. Governments who did not respect the Convention on Migrant Workers were urged to do so. There should be an in-depth study as to the causes of discrimination with regards to this problem.
SYED FAIZ NAQSHBANDI, of the Muslim World League, said some 160 million people still lived in India as "untouchables" or Dalits under the age-old caste system of the country. In villages, they were made to live in confined areas; were denied access to land and lived and worked in degrading conditions; were not allowed to use the same wells or visit the same temples as those "owned" by the upper castes; were employed in menial tasks and made to remove human waste with their bare hands; were threatened and forced to vote for local landlords during elections; were sold, if they were women and children, into bondage to upper-caste creditors as "mortgages"; were sexually exploited, if they were girls, and forced to become prostitutes for upper-caste landlords; and were discriminated against in schools.
It was a great misfortune that these bitter realities had been brushed under the carpet at previous World Conferences against Racism. The Subcommission must make sure not to forget these victims of the caste system while providing inputs for the upcoming World Conference.
ANNA BIONDI BIRD, of the International Confederation of Free Trade Unions, said the increase of racism and xenophobia was apparent. The tragic incident of the 58 Chinese immigrants who died trying to gain entry to the United Kingdom demonstrated the seriousness of the problem facing migrant workers. In British workplaces there was tremendous maltreatment of migrant workers, causing stress and sometimes physical harm. Reports had urged the British Government to train workers in understanding and resisting racism. An interesting demonstration of the role of trade unions was that in South Africa, where six principles had been set as a wider guidance for a progressive legislation on migration, assuring the right to join trade unions, that migration policies were developed as a part of a broader regional economic development plan, that there were effective legal guarantees of equal wages, the fair and proper control of the entry of migrants, heavy penalties on employers employing illegal immigrants and a monitoring of immigration policies. The organization was concerned by the little mention of this issue during the recent Geneva Social Summit. A different approach was encouraged for the upcoming World Conference against Racism. Concern was raised as this issue had not been selected as a separate agenda item during the recent Preparatory Committee for the World Conference.
PANKAJ BHAN, of the International Institute for Peace, said religious and ethnic exclusivity which discriminated against other communities and resulted in serious human-rights violations were a matter of concern, such as in South Asia -- in Kashmir and Afghanistan and other areas, where minorities were subjected to barbaric methods of "cleansing" which meant they were either exterminated or driven out. In Kashmir, the Pandits and Sikhs, some half a million, had been forced to live as internally displaced persons in various parts of India. In Afghanistan, many ethnic communities which did not share the Taliban view of life had been targeted, resulting in a civil war.
Another problem was that of intolerance incited between native and non-native settlers of long standing. The unfortunate conflict in Sri Lanka between the Sinhala and Tamil communities had this artificial division at its roots, as did the recent situation in Fiji, where ethnic Fijians were being pitted against those of Indian origin. Yet another form of intolerance and xenophobia was in advanced Western countries where anti-immigrant sentiments were rising menacingly. These new and subtle forms of discrimination had to be fought stubbornly in the run-up to the World Conference against Racism.
KHALID JAHANGIR, of the Himalayan Research and Cultural Foundation, said that xenophobia had assumed alarming proportions and xenophobic practices were leading to grave human rights violations in different parts of the world. These violations were manifested in the form of brutal massacres, rapes, displacement of populations and the destructions of properties. As had been observed, religion was increasingly being used as a tool to promote and generate xenophobia. Religion was being used to generate hate, discord and disharmony among groups of people practising different faiths and beliefs. Concern was raised as to the so-called Jihad on the part of some so-called Muslim Mujahideen in some parts of the world. Islam did not sanctify this Jihad and Islamic tenets did not approve of it. There was a need to undertake specific case studies and then come to conclusions so as to avoid mere generalizations. This would help in devising a strategy for dealing with the problem of xenophobia and facilitating the goal of the elimination of racism.
LAZARO PARY, of the Indian Movement Tupaj Amaru, said racial prejudice in various forms was as old as mankind, but that did not mean it had to continue. Colonialism had made matters much worse through the plundering of the goods of indigenous peoples, slavery, and conquest. Racism had been shown to be a Western phenomenon based on the "pure" blood of the colonizers. Racism generally served the economic and power interests of the dominant classes. The International Decade for the Elimination of Racial Discrimination, meanwhile, had been underfunded. It was time to move beyond empty rhetoric, especially with the World Conference against Racism approaching.
The Subcommission should do a priority study on the causes which for centuries had led to this scourge of racial discrimination; analyse economic, social and cultural factors leading to racial discrimination; and consider the scope of contemporary forms of racism and slavery, along with those of exclusion and migration and the globalization of markets and the concentration of wealth in the hands of transnational corporations. It also should study contrasts in wealth that led to conflicts between the North and the South. Extensive participation of indigenous peoples at the World Conference was absolutely vital.
SONI SETYANA, of the Netherlands Organization for International Development Cooperation, said that Indonesia was sending the second largest number of migrant workers in South East Asian to various countries. This policy had benefited the Government enormously because of the large amount of foreign exchange earned for the county by this non-oil and gas sector. However, the contribution given by these migrant workers was not compensated with protection while they were abroad, where they were often subject to violence, sexual harassment, exploitation and even murder. The Indonesian Government, as a sending country, should take more responsibility for migrant workers that leave the country. The Ministry of Manpower should establish more control over the process of sending workers abroad. Agreements with the receiving countries were crucial in order to provide affective assistance in case of problems. As yet there was no effective regulation issued by the Government giving legal protection to migrant workers and their families. Indonesia was called upon to immediately ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.
GHULAM SAFI, of the World Muslim Congress, said racism and discrimination against minorities, especially Dalits or untouchables in India, was vehemently denied by the Indian Government and surprisingly had been ignored by UN human-rights machinery. With the rise of a nationalist Hindu party to power, there had been a marked increase in violent racist tendencies, attacks against Dalits and indigenous peoples, attacks on churches and nuns, burnings of houses, killing of cattle, and raping of women.
Yet the Indian Government had stated before the first session of the Preparatory Committee for the World Conference that the caste system did not fall under the definition of "racism". This denial questioned the human conscience, and the silence of UN human-rights bodies had further accentuated the misery of over 160 million people living in precarious conditions. The Subcommission should initiate a study on the caste system to verify the claim of the Indian Government that the system did not fall under the purview of the International Convention on the Elimination of All Forms of Racial Discrimination.
KAREN TALBOT, of the World Federation of Trade Unions, said that despite the progress made by mankind, recent events demonstrated that bigotry, discrimination and xenophobia continued to pose a threat to the future of humanity. Whether it be sectarian, ethnic, communal or religious violence, it appeared that one lesson that had not been learned was that everyone, irrespective of colour or creed, were members of the same family. The onus for this evil xenophobia and discrimination lay on the developed countries, many of which had achieved their present status through the practice of colonial exploitation and had fashioned a system that divided and ruled in a manner that exaggerated differences between colour, creed and religion. Whether in Zimbabwe or East Timor, the reality today was one of confrontation. If indeed the evils of racial discrimination were to be eradicated, the developed countries would do well to examine the signals their policies were continuing to send. The first priority would be to address the traditional forms of racism. Changing the focus of the debate to questions on the definition of racism would be an ill-considered strategy which, rather than helping fight discrimination, would create further fissures in the human family. This would be an unfortunate development which the world could ill afford at this juncture.
ANTONELLA ATTARDO, of the Minority Rights Group (MRG), said there was a danger that the World Conference against Racism would be dominated by diplomats with foreign-policy agendas. The participation of minorities and indigenous communities was essential. The MRG would be working with the Office of the High Commissioner for Human Rights to promote a constructive and creative dialogue that was relevant to many who were the peoples of the United Nations; it would promote a deeper understanding and dialogue between minorities and indigenous communities with Governments on full and effective implementation of the International Convention on the Elimination of All Forms of Racial Discrimination; and it would promote measures to enable minorities to participate fully in the economic progress and development of their countries.
Last week MRG had held a round table discussion at the Office of the High Commissioner on ways of strengthening implementation of the Convention. One proposal was that research undertaken by members of the Subcommission and joint seminars could provide a valuable contribution to thematic discussions -- already there was valuable work being done on the Roma, and similar work on caste issues was recommended. The link between poverty and racism also deserved research.
SOLI JEHANGIR SORABJEE, Subcommission Expert, said that out of the human rights and fundamental freedoms which were the most violated, those related to racism and discrimination ranked the highest. One of the main causes was prejudice and stereotypes. Unfortunately, some sections of the media propagated these stereotypes. Mr. Sorabjee said he was an ardent believer in the freedom of the press, but he opposed the trend of the press being subverted for such practices. It was essential to understand that programmes of affirmative action, intending to ameliorate the situation of the victims of discrimination, did not per se amount to discrimination. It was the responsibility of the State to redress the situation and all depended on the content of the affirmative action programmes. The essence of equality must not be violated by these programmes. Despite stringent laws on discrimination, there were cases where discrimination was institutionalized. Concern was raised as to the situation that had been seen in Fiji and it was particularly tragic that equality before the law had been ignored. Bad examples were infectious and appropriate measures were needed to be taken to officially sanction discrimination.
PAUL DIVAKAR, of Anti-Slavery International, said that most Governments in South Asia had recognized the Dalits and recognized that they had rights; the problem was enforcement of regulations for protecting and promoting these rights. In India some 160 million Dalits were routinely abused, discriminated against, and even killed by upper-caste groups. Entire villages in many Indian States remained completely separated by caste. In rural India, untouchables could not drink from the same wells, could not visit the same temples; they were forced to sit at the back of classrooms; Dalit women were frequently sexually assaulted; Dalit children made up the majority of those sold into bondage to pay off upper-caste creditors. Although much was said by the Government, implementation of legislation to help the Dalits remained largely ignored in much of the country.
For Dalits throughout South Asia, caste remained a major barrier to social, economic and cultural rights. There and elsewhere in the world, such as in Senegal and Nigeria, caste-based discrimination should be the subject of a special study, and relevant Special Rapporteurs should be invited to visit.
JERALD JOSEPH, of Pax Romana, spoke on affirmative action, the World Conference against Racism and the situation of migrant workers in Spain. In Malaysia, the ruling Government was a coalition made up of mainly ethnic-based parties. The dominant party, the United Malay National Organization, still spoke and pushed for Malay Lordship. The party preached that the Malays need to be united against all others in order to maintain their lordship. The Subcommission was urged to examine the alarming negative trends of affirmative action thirty years after its inception.
The Indian Government was called upon to have the political will to introduce measures to weed out caste-based discrimination from its own institutions and to look at the applicability of affirmative action. With regard to the World Conference against Racism, all States were urged to participate in a serious and open manner to ensure that it be a truly action-orientated conference. In Spain, migrant workers suffered from acts of violence, resulting from prejudice, economic problems and inadequate legislation. The Subcommission was asked to urge all receiving countries to grant migrant workers their basic rights by implementing proper legislation and to favour adequate links between the protection of the rights of migrant workers and their families and the work of the Preparatory Committee on the World Conference.
MARGARITA GUTIERREZ, of the International Indian Treaty Council (ITTC), said it was to be hoped that the World Conference against Racism would not turn into an endless list of self-congratulatory statements about the end of apartheid, especially as apartheid had survived for years because of the help of many other Governments. Meanwhile, indigenous peoples lived in greater and greater peril -- their customs and livelihoods denigrated, their women and children impoverished, their rights to justice denied. It was even true that some beers, other products, even weapons of mass destruction, bore the names of indigenous groups. In the United States, the Western Shoshone were losing their ancestral lands to toxic and nuclear waste disposal dumps and similar denigrations of sacred territories.
One topic of the World Conference should be measures to protect the rights of indigenous peoples. The widest participation of indigenous peoples should be ensured for the World Conference and for preparatory gatherings. The plan of the High Commissioner for Human Rights to mount a travelling exhibition of the cultures, accomplishments and problems of indigenous peoples and other minorities had the support of the ITTC.
JASDEV SINGH RAI, of Liberation, said that xenophobia and latent racism remained a strategy employed by nationalistic political parties in European democracies. While direct racism was dealt with in legislation, there was creative exploitation of refugees and new migrants to generate racial rhetoric. Refugees had become a tool of racist political currency in some countries, particularly in the United Kingdom. There was no evidence of crisis-level migration or refugees in any European countries. The only crisis lay in the inadequate administration and poorly thought out policies. It was inhuman to turn racism into political capital at the expense of frightened, poor and travel-weary people, some of whom had experienced illegal detention, torture, and loss of relatives and friends in extrajudicial executions in the countries from which they fled. The issue of racial discrimination was complex, while direct racism based on colour was on the decline, another form of racial discrimination persisted in western countries forcing people to conform to cultural norms of the west to escape prejudice. People who adhered to their own culture often found it difficult to advance in their careers or get executive or government and other public appointments. Cultural racism was subtle and remained unaddressed despite multicultural studies and programmes. This was an area where the Office of the United Nations High Commissioner for Human Rights could assist in order to battle racism and discrimination.
ALEJANDRO NEGRIN (Mexico) said the country paid great attention to the protection of migrants' rights. Migration had grown greatly, and high percentages of the persons did not have proper papers. Developed nations needed migrants for their economies, yet the deepening of social inequalities and differences in democratic growth meant that migration flows were growing between 4 and 8 per cent per year. Along with that growth had come a repulsive trend towards human-rights violations of migrants. Violence against them was increasing. It was time to denounce such abuses, which amounted to death in some parts of the world.
Mexico was not immune to this trend. There had been cases of "hunts" of migrants at the border, and some 60 cases of violations of the human rights of Mexican migrants in Mexico's neighbour to the north; and there were regularly deaths of Mexican migrants trying to cross the border to the north. Mexico was trying hard to protect its migrants and other migrants, and sought appointment of a Special Rapporteur on the human rights of migrants. The country was regionally and internationally active on migrant issues, and it sought dialogue and cooperation with its neighbours to the north. The Subcommission should help establish an effective international agenda on the human rights of migrants.
PEDRO FANEGO SEA (Cuba) said that the end of apartheid would have appeared to be enough of a reason to overcome the evil of racism. However, there were new and sophisticated forms of discrimination affecting migrants, refugees, and religious minorities on a daily basis. This was the result of new fascist ideas which were unfortunately taking form in many countries. Political parties had become platforms for racist policies. It was a concern that these policies were legalized and were gaining ground, and national laws were being applied in a discriminatory way with ethnic cleansing policies leading to terrible murders, migration and suffering. The growth of racist tendencies resulted from the swift liberalization of the markets and globalization, going hand in hand with a crisis of values. The internationalization of the information super highway was a challenge to consider, particularly when instruments such as the Internet were used to spread and incite hatred. The World Conference against Racism had to mitigate the historical damage of racism and efforts of the international community was pivotal. Cuba was proud of its progress in the eradication of racism and its contribution to the end of Apartheid in South Africa and would contribute with its experience if required.
BULENT MERIC (Turkey) said the Subcommission's work to date on the Preparatory Committee for the World Conference against Racism and its work on the rights of non-citizens and the concept and practice of affirmative action were encouraging and should be valuable inputs for the World Conference. Turkey was actively planning for the Conference and felt, among other things, that the resulting draft declaration should have an unambiguous recognition that acts of racism and xenophobia were violations of human rights. The draft declaration should also have a reference to the rise in subtle and contemporary forms of racism and xenophobia; and should have a firm and clear commitment to combat such offenses.
Turkey felt that the programme of action resulting from the Conference should include a general commitment that every individual had the right to be free from racism and xenophobia; a call on political parties not to arouse racist feelings to win votes; introduction of legal protections at the national level; assessment of racist motivations and violence as an aggravating factor in national criminal codes; provision of easier access to tribunals for victims of discrimination on the one hand and creation of an intermediary authority such as an Ombudsman for amicable settlements on the other; and streamlining of immigration and asylum procedures based on multi-cultural tolerance.
IVAN ENRIQUE VEGA (Chile) said that the Government of Chile attached importance to the work related to racism and wished to participate in the issues which were to be tackled during the World Conference against Racism. Part of its interest in this cause were the main principles common to all countries on human rights, but it was also based on the national experience of the violation of basic human rights. There was an interest at the international as well as the national levels. These considerations were part of the goals of the current Government as it was attempting to become more transparent. It was this background that had motivated Chile to present itself as a host of the Regional Conference. One of the problems faced was the development of an autonomous conscience. However, Chile was at a point where the country was beginning to break free from the straight jacket of the past. Chile reaffirmed the importance of a relationship between culture, tolerance and democracy. It was important to value societies which were both integrated and diverse. The contribution of the report by Mr. Pinheiro was welcomed and it was encouraged to be recognized as an important step during this single and unique opportunity to formulate a strategy to battle the scourge of racism. The participation of non-governmental organizations was extremely important in this context.
GEORGE MOOSE (the United States) said the issue of racism in the United States, as in most countries, was complex. The country was stronger because of its diversity, and while it celebrated that diversity, it also sought to combat discrimination and to work towards equal opportunity for all. The legal system provided strong protections through, among other things, the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968, along with executive orders by Presidents, the U.S. Constitution, and various federal statutes. Allegations of racial discrimination in the criminal-justice system were being reviewed by various states and the federal Government; in particular, the federal Government was reviewing concerns over racial disparities in the application of the death penalty and other racially discriminatory actions such as racial profiling.
The World Conference offered an important occasion for all to focus on the issue of racism. There should be a full discussion on the multiple and varied issues involved. Racism and discrimination plagued all countries, societies and regions, and to deny that fact would be to do a disservice to the World Conference and to people around the world who looked to it for serious attention to these complex problems. There were no easy answers.
MUMTAZ ZAHRA BNOCH (Pakistan) said that for centuries, women and men had struggled against racism, racial discrimination and related intolerance. Age-old phenomena such as the caste system, bondage and xenophobia continued to violate the fundamental human rights of millions of people in poor and rich countries. It was surprising that while millions continued to face racial hatred and intolerance, there was a popular perception that racism had declined. By giving racism new connotations and definitions, the reality of racism was sought to be masked thereby perpetuating the suffering of the victims. It was time for the privileged societies to review their doomed effort to insulate themselves from the historically inevitable process of migration of peoples. The phenomenon of racism had spread at an alarming rate in the advanced countries and constituted daily manifestations of racism, often practised with official sanction or tacit blessings. All such ideas of cultural superiority were rejected. The adoption by consensus of the resolution titled 'Defamation of religion' by the Commission on Human Rights was a welcome step in the right direction. What the world required was not a clash of civilizations but rather a dialogue among civilizations. There was great hope and expectations that the work of the Subcommission would make due contributions to the elimination of racism, with particular reference to the World Conference.
HAROLD SANDOVAL (Colombia) said migration had always occurred, leading to the building of today's civilizations; cultural interaction and the mixing of different groups and customs had forged all of today's nations. Migrant workers had made notable contributions to their host societies for centuries. But this migratory dynamism was frequently portrayed as a problem -- a perspective that only encouraged racism and xenophobia and distorted the basic reasons behind migration. There was obviously an incompatibility between the police's perception of migration and prevailing standards of international human rights.
Policies and subsidies, such as those that worked against the exports of developing countries and were used by industrialized countries, in fact undermined the economies of developing countries and added to pressures for migration. Human resources, in any case, should not be limited or impeded this way. Migrants should have access to educational systems of their host nations, for example. The human rights of migrants should be an extremely important topic of discussion at the World Conference against Racism.
AHMAD AL-HADDAD (Bahrain) said that Bahrain had acceded to the Convention on the Elimination of All Forms of Racial Discrimination in 1998, and had already submitted five reports to the Committee on the Elimination of Racial Discrimination. This was an opportunity to report on the evolved situation in Bahrain. Racial discrimination was totally rejected from the religious, legal and social perspectives in Bahrain. According to the Constitution of the country, when Bahrain adhered to any international instrument, the provisions of that treaty became part of the domestic laws which had to be obeyed. Bahrain also provided services in education, health, teaching, and food subsidies to all peoples in the country, whether citizens or not. Free legal assistance was provided for those unable to supply it for themselves. The policies towards migrant workers had been welcomed and had led to further social and economic development.
ANDREA NEGROTTO CAMBIASO (Italy) said his country, as President of the European Conference starting next October, would maintain a constant and open dialogue with countries organizing regional conferences in preparation for the World Conference against Racism. It also was convinced that the present and future of human rights could not be built without reference to the past. One had to remember the past.
Italy had found itself abruptly transformed from a traditionally emigrant country into a country with massive immigration, and its society was psychologically not prepared for this change. While the need for new manpower was increasing in northern Italy, and with it the presence of foreign workers, there were encouraging initiatives emerging based on willingness and curiosity to discover how this diversity could shape and enrich a new multi-cultural society. At the same time a sustained effort was under way to combat the pathological aspects of illegal immigration, such as new forms of slavery and trafficking, and diffused criminal activities, along with simple clandestine immigration. Italy had regulated the status of migrant workers with a most progressive law which was an act of confidence in foreign workers. It counted on the full cooperation of countries of origin.
SHARAT SABHARWAL (India) said that despite mankind's impressive triumph against Apartheid, the phenomenon of racism continued to persist and indeed, to grow. Racism remained an all-pervading cause of discrimination in several parts of the world where it cast a long shadow, deeply affecting individuals and permeating the workplace, schools, political organizations, public administration and the system of justice. Tackling the problem of racism required the recognition of the problem, something the World Conference against Racism would contribute to. The World Conference should state unequivocally that racism was an affront to human dignity and an anathema to the values enshrined in the Universal Declaration of Human Rights. It should build on the huge consensus that already existed regarding combat against racism rather than getting bogged-down in minutiae or finger-pointing. In this context, concentration on thematic aspects would be a constructive and fruitful approach. However, law and punitive measures could not alone eliminate racism, the changing of social attitudes was equally important. Education and information, particularly mass information networks such as the Internet, played an important role in this area. India was strongly opposed to attempts to include issues not connected to racism, racial discrimination and related intolerance, in the agenda of the World Conference with a view to dilute focus on racism. Such attempts needed to be resisted if the Conference was to achieve its aims.
D. BAICHOO (Mauritius) said the country was multi-racial, multi-ethnic, and multi-religious. It therefore found it most distressing to note that the horrors of racism continued around the world despite international efforts to end them. Mrs. Hampson had made a relevant statement about a recent incident, and Mauritius agreed with her assertion that a democracy that turned its back on the rule of law in such circumstances was doing something very regrettable.
Mauritius approved of extensive preparations for the World Conference and of the activities of the Office of the High Commissioner for Human Rights in this regard. The High Commissioner had appropriately urged in a recent letter to Governments that States should review and improve their anti-discrimination efforts and laws. The World Conference should consider concrete measures that would dissuade countries from taking measures that would violate international anti-racial-discrimination standards. Meanwhile, it should be acknowledged that affirmative action was justified in certain cases, as in the case of Mauritius, where an affirmative action programme had greatly helped the integration of handicapped persons into Mauritian society.
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and Protection of Human Rights
52nd session
7 August 2000
Afternoon
Representatives of non-governmental organizations (NGOs) spoke before the Subcommission on the Promotion and Protection of Human Rights this afternoon, charging racial discrimination in various countries and regions, and against such groups as migrant workers and indigenous peoples.
Discrimination against Dalits and other forms of caste discrimination were charged by a series of NGOs, including the Muslim World League, the World Muslim Congress, Anti-Slavery International, Pax Romana, and the Lutheran World Federation. Speakers said such discrimination qualified as "racial discrimination" and should be discussed at the upcoming World Conference against Racism.
The International Organization for the Elimination of All Forms of Racial Discrimination and Interfaith International charged that newspapers and television networks often showed discriminatory attitudes towards migrants and people of minority religions and races.
Proposals also were offered by NGOs and observer Governments for activities to be carried out at next year's World Conference against Racism, including discussion of compensation for victims of the international slave trade; review of the situation of the "untouchables", or Dalits, of India; efforts to end discriminatory rhetoric on the Internet; investigation of the causes of intolerance between native and non-native settlers of long standing, as in Fiji; consideration of the effects of globalization on racial discrimination; and exploration of the links between poverty and racism.
Representatives of the following NGOs spoke at the afternoon meeting: the Afro-Asian People's Solidarity Organization, the International Organization for the Elimination of Racial Discrimination, the Lutheran World Federation, Interfaith International, the International Movement against All Forms of Discrimination and Racism, the Asian Women's Human Rights Council, the International Young Catholic Students, the Muslim World League, the International Confederation of Free Trade Unions, the International Institute for Peace, the Indian Movement Tupaj Amaru, the Netherlands Organization for International Development Cooperation, the World Muslim Congress, the World Federation of Trade Unions, the Minority Rights Group, Anti-Slavery International, Pax Romana, the International Indian Treaty Council, and Liberation.
Representatives of the following countries delivered formal statements: Mexico, Cuba, Turkey, Chile, the United States, Pakistan, Colombia, Bahrain, Italy, India, and Mauritius.
And Subcommission Expert Soli Jehangir Sorabjee also addressed the meeting.
The Subcommission will reconvene at 10 a.m. on Tuesday, 8 August. It is expected to conclude its debate on the elimination of racial discrimination and to take up discussion of economic, social and cultural rights.
Statements
KEITH BENNET, of the Afro Asian Peoples Solidarity Organization, said that intolerance, based on concepts of race, religion and creed was fast emerging as the most potent threat to the welfare of mankind. The examples of Yugoslavia, Rwanda, Afghanistan and now Indonesia demonstrated how quickly the spread of intolerance could generate a conflagration. The organization was particularly concerned with the situation in Fiji, where the overthrow of democracy had been seen, and Pakistan, where the flirtation with democracy had been doomed to end. The Government spoke of democracy in one breath and jihad in the other. Discrimination, Pakistani style, spared no one, not women, minorities nor neighbours. The women of Pakistan remained one precarious step away from the fate of their gender in Afghanistan, suffering from honour killings and being relegated to second class citizens. Racial discrimination and xenophobia had no place in a true democracy. If the international community did not wake up and take action the rights of the people of Pakistan would be in jeopardy. Even in international politics there had to be some values.
HANAN SHARFELDDIN, of the International Organization for the Elimination of All Forms of Racial Discrimination, said media and press work should be exercised within the boundaries of honesty, integrity and conscience; members of the media should have to take an oath similar to that taken by lawyers, judges, and physicians. According to surveys, one special interest group in the United States owned about 1,000 local and international newspapers, including many in Europe, and influenced also television and film production -- it was sufficient simply to mention the emperor of international media, Mr. Murdoch.
A mere hint of the power of racially motivated media was the way a recent trial of a few individuals accused of espionage in Iran had been reported -- the whole world was made to stand on its toes, the matter was exaggerated and the reporting showed cynicism, simply because the defendants belonged to a certain religious denomination. Meanwhile, dozens of other people all over this region had their rights unjustifiably violated and hundreds were imprisoned without charges or trials, but hardly any mention was made of them in the international media. Wasn't this racism and discrimination? The United Nations should establish an international press agency for news in relation to the work and conferences of the UN in order to reduce some of the negative effects of the international media's burring and numbing tactics.
PETER PROVE, of the Lutheran World Federation, said that racial discrimination also included discrimination on the basis of caste or other descent as had been made clear in the September 1996 concluding observations of the Committee on the Elimination of Racial Discrimination. Discrimination on the basis of caste affected many millions of people in South Asia and in parts of Africa. It consisted of a complex combination of violations of both key civil and political rights and many economic, social and cultural rights and represented a fundamental obstacle to the realization of the right to development for the most affected communities. Despite this, the matter was almost invisible on the formal international human rights agenda. A shroud of silence covered the 'broken people' discriminated against on the basis of caste or descent. The Subcommission was encouraged to undertake a study process on the issue of discrimination based on caste or descent, with a view to identify affected communities and propose concrete measures, both legislative and practical, for the amelioration of their lives.
CHARLES GRAVES, of Interfaith International, said the organization had sponsored in London last month a meeting on the topic of "the role of NGOs and faiths in combatting racism: preparing for the United Nations World Conference against Racism". Certain propositions came forth, for example that the religious dress of Muslims incited racist comments, or that the chaplaincy of the UK prisons did not provide any Muslim chaplaincy services to inmates, but only Christian services. The Muslim community of Britain was working with the Government to improve the situation regarding Islam phobia in the United Kingdom. Another important item of discussion was the treatment reserved for vulnerable groups within the media; owners of newspapers in particular came under attack for what was appearing in newspapers of a racist or xenophobic tone -- especially about asylum seekers. The meeting suggested that the UN Secretary-General act to stop the misuse in the media of innuendos about particular religions and racial or ethnic groups.
Participants in the meeting also said the World Conference should discuss misuse of racism by political leaders, as in certain countries that was done where one ethnic or religious group dominated others. The question of compensation of victims of the slave trade was also suggested as a topic for the World Conference.
ATSUKO TANAKA, of the International Movement against all Forms of Discrimination and Racism, said that one of the focuses of the organization's campaigns was the situation of Sri Lankan women migrant workers and the incitement of racial discrimination on the Internet. In 1998, it was estimated that about 1.2 million Sri Lankans were employed in the Gulf countries, and that many others had migrated though unofficial channels. Little attention had been paid to the misery and hardship of these workers and the abnormally high figures of employment-related deaths and numbers of harassment complaints. The problems faced by migrant workers in the Gulf countries consisted of recruitment agency fraud, default of payment by employers, heavy workloads, harassment and sexual abuse. The organization urged the Governments that had not done so, to ratify the Convention on Rights of Migrants before the World Conference next summer.
Governments were also encouraged to take immediate measures against cases of incitement of racial discrimination and to clarify the responsibility and accountability of agencies involved in Internet communications. The Internet should be used for the promotion of peace and protection of human rights and not for war or propaganda. The establishment of good practices was required as well as effective legal measures that dealt with incitements to discrimination on the Internet.
AKIRA MAEDA, of the Asian Women's Human Rights Council, said there was continuing discrimination against Sangokujin -- Koreans and Chinese -- in Japan. Recently, the Governor of Tokyo had remarked that they caused riots and that non-Japanese overstaying as illegal entrants were "criminals". During the Great Kanto Earthquake of 1923, over 6,000 Korean migrant workers and students were massacred by the Japanese military, police and vigilantes based on the rumour that Koreans had poisoned wells. Then there had been the "comfort women" catastrophe during World War II.
Even this decade, there had been some 200 cases of violations of the rights of Korean minority residents in Japan. Most involved violence towards Korean schoolgirls who wore their national costume. In 1998, an office of the Korean association was attacked and a Korean was murdered in Chiba city near Tokyo. The Subcommission was requested to pay attention to this matter and to help end the discriminatory policy against foreigners in Japan.
GUY OWONA, of the International Young Catholic Students, said that improving living conditions of migrant workers was vital. The organization remained faithful to this goal and encouraged the Subcommission to move forward on this issue. The problem of migrant workers and their families needed to be taken seriously. The situation of Haitian migrant workers in the Dominican Republic was highlighted, where workers arrived without resident papers hoping that the situation would be better than in their country of origin. These people were vulnerable to economic, social and cultural discrimination, occurring as a result of a difference in skin colour. Haitian migrant workers were unable to get access to the social infrastructure, health care and education. The Dominican Republic did not account for these people and policies were carried out as if they did not exist. The respect for human rights in this situation needed to be highlighted. This situation had to be resolved before it worsened. Governments who did not respect the Convention on Migrant Workers were urged to do so. There should be an in-depth study as to the causes of discrimination with regards to this problem.
SYED FAIZ NAQSHBANDI, of the Muslim World League, said some 160 million people still lived in India as "untouchables" or Dalits under the age-old caste system of the country. In villages, they were made to live in confined areas; were denied access to land and lived and worked in degrading conditions; were not allowed to use the same wells or visit the same temples as those "owned" by the upper castes; were employed in menial tasks and made to remove human waste with their bare hands; were threatened and forced to vote for local landlords during elections; were sold, if they were women and children, into bondage to upper-caste creditors as "mortgages"; were sexually exploited, if they were girls, and forced to become prostitutes for upper-caste landlords; and were discriminated against in schools.
It was a great misfortune that these bitter realities had been brushed under the carpet at previous World Conferences against Racism. The Subcommission must make sure not to forget these victims of the caste system while providing inputs for the upcoming World Conference.
ANNA BIONDI BIRD, of the International Confederation of Free Trade Unions, said the increase of racism and xenophobia was apparent. The tragic incident of the 58 Chinese immigrants who died trying to gain entry to the United Kingdom demonstrated the seriousness of the problem facing migrant workers. In British workplaces there was tremendous maltreatment of migrant workers, causing stress and sometimes physical harm. Reports had urged the British Government to train workers in understanding and resisting racism. An interesting demonstration of the role of trade unions was that in South Africa, where six principles had been set as a wider guidance for a progressive legislation on migration, assuring the right to join trade unions, that migration policies were developed as a part of a broader regional economic development plan, that there were effective legal guarantees of equal wages, the fair and proper control of the entry of migrants, heavy penalties on employers employing illegal immigrants and a monitoring of immigration policies. The organization was concerned by the little mention of this issue during the recent Geneva Social Summit. A different approach was encouraged for the upcoming World Conference against Racism. Concern was raised as this issue had not been selected as a separate agenda item during the recent Preparatory Committee for the World Conference.
PANKAJ BHAN, of the International Institute for Peace, said religious and ethnic exclusivity which discriminated against other communities and resulted in serious human-rights violations were a matter of concern, such as in South Asia -- in Kashmir and Afghanistan and other areas, where minorities were subjected to barbaric methods of "cleansing" which meant they were either exterminated or driven out. In Kashmir, the Pandits and Sikhs, some half a million, had been forced to live as internally displaced persons in various parts of India. In Afghanistan, many ethnic communities which did not share the Taliban view of life had been targeted, resulting in a civil war.
Another problem was that of intolerance incited between native and non-native settlers of long standing. The unfortunate conflict in Sri Lanka between the Sinhala and Tamil communities had this artificial division at its roots, as did the recent situation in Fiji, where ethnic Fijians were being pitted against those of Indian origin. Yet another form of intolerance and xenophobia was in advanced Western countries where anti-immigrant sentiments were rising menacingly. These new and subtle forms of discrimination had to be fought stubbornly in the run-up to the World Conference against Racism.
KHALID JAHANGIR, of the Himalayan Research and Cultural Foundation, said that xenophobia had assumed alarming proportions and xenophobic practices were leading to grave human rights violations in different parts of the world. These violations were manifested in the form of brutal massacres, rapes, displacement of populations and the destructions of properties. As had been observed, religion was increasingly being used as a tool to promote and generate xenophobia. Religion was being used to generate hate, discord and disharmony among groups of people practising different faiths and beliefs. Concern was raised as to the so-called Jihad on the part of some so-called Muslim Mujahideen in some parts of the world. Islam did not sanctify this Jihad and Islamic tenets did not approve of it. There was a need to undertake specific case studies and then come to conclusions so as to avoid mere generalizations. This would help in devising a strategy for dealing with the problem of xenophobia and facilitating the goal of the elimination of racism.
LAZARO PARY, of the Indian Movement Tupaj Amaru, said racial prejudice in various forms was as old as mankind, but that did not mean it had to continue. Colonialism had made matters much worse through the plundering of the goods of indigenous peoples, slavery, and conquest. Racism had been shown to be a Western phenomenon based on the "pure" blood of the colonizers. Racism generally served the economic and power interests of the dominant classes. The International Decade for the Elimination of Racial Discrimination, meanwhile, had been underfunded. It was time to move beyond empty rhetoric, especially with the World Conference against Racism approaching.
The Subcommission should do a priority study on the causes which for centuries had led to this scourge of racial discrimination; analyse economic, social and cultural factors leading to racial discrimination; and consider the scope of contemporary forms of racism and slavery, along with those of exclusion and migration and the globalization of markets and the concentration of wealth in the hands of transnational corporations. It also should study contrasts in wealth that led to conflicts between the North and the South. Extensive participation of indigenous peoples at the World Conference was absolutely vital.
SONI SETYANA, of the Netherlands Organization for International Development Cooperation, said that Indonesia was sending the second largest number of migrant workers in South East Asian to various countries. This policy had benefited the Government enormously because of the large amount of foreign exchange earned for the county by this non-oil and gas sector. However, the contribution given by these migrant workers was not compensated with protection while they were abroad, where they were often subject to violence, sexual harassment, exploitation and even murder. The Indonesian Government, as a sending country, should take more responsibility for migrant workers that leave the country. The Ministry of Manpower should establish more control over the process of sending workers abroad. Agreements with the receiving countries were crucial in order to provide affective assistance in case of problems. As yet there was no effective regulation issued by the Government giving legal protection to migrant workers and their families. Indonesia was called upon to immediately ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.
GHULAM SAFI, of the World Muslim Congress, said racism and discrimination against minorities, especially Dalits or untouchables in India, was vehemently denied by the Indian Government and surprisingly had been ignored by UN human-rights machinery. With the rise of a nationalist Hindu party to power, there had been a marked increase in violent racist tendencies, attacks against Dalits and indigenous peoples, attacks on churches and nuns, burnings of houses, killing of cattle, and raping of women.
Yet the Indian Government had stated before the first session of the Preparatory Committee for the World Conference that the caste system did not fall under the definition of "racism". This denial questioned the human conscience, and the silence of UN human-rights bodies had further accentuated the misery of over 160 million people living in precarious conditions. The Subcommission should initiate a study on the caste system to verify the claim of the Indian Government that the system did not fall under the purview of the International Convention on the Elimination of All Forms of Racial Discrimination.
KAREN TALBOT, of the World Federation of Trade Unions, said that despite the progress made by mankind, recent events demonstrated that bigotry, discrimination and xenophobia continued to pose a threat to the future of humanity. Whether it be sectarian, ethnic, communal or religious violence, it appeared that one lesson that had not been learned was that everyone, irrespective of colour or creed, were members of the same family. The onus for this evil xenophobia and discrimination lay on the developed countries, many of which had achieved their present status through the practice of colonial exploitation and had fashioned a system that divided and ruled in a manner that exaggerated differences between colour, creed and religion. Whether in Zimbabwe or East Timor, the reality today was one of confrontation. If indeed the evils of racial discrimination were to be eradicated, the developed countries would do well to examine the signals their policies were continuing to send. The first priority would be to address the traditional forms of racism. Changing the focus of the debate to questions on the definition of racism would be an ill-considered strategy which, rather than helping fight discrimination, would create further fissures in the human family. This would be an unfortunate development which the world could ill afford at this juncture.
ANTONELLA ATTARDO, of the Minority Rights Group (MRG), said there was a danger that the World Conference against Racism would be dominated by diplomats with foreign-policy agendas. The participation of minorities and indigenous communities was essential. The MRG would be working with the Office of the High Commissioner for Human Rights to promote a constructive and creative dialogue that was relevant to many who were the peoples of the United Nations; it would promote a deeper understanding and dialogue between minorities and indigenous communities with Governments on full and effective implementation of the International Convention on the Elimination of All Forms of Racial Discrimination; and it would promote measures to enable minorities to participate fully in the economic progress and development of their countries.
Last week MRG had held a round table discussion at the Office of the High Commissioner on ways of strengthening implementation of the Convention. One proposal was that research undertaken by members of the Subcommission and joint seminars could provide a valuable contribution to thematic discussions -- already there was valuable work being done on the Roma, and similar work on caste issues was recommended. The link between poverty and racism also deserved research.
SOLI JEHANGIR SORABJEE, Subcommission Expert, said that out of the human rights and fundamental freedoms which were the most violated, those related to racism and discrimination ranked the highest. One of the main causes was prejudice and stereotypes. Unfortunately, some sections of the media propagated these stereotypes. Mr. Sorabjee said he was an ardent believer in the freedom of the press, but he opposed the trend of the press being subverted for such practices. It was essential to understand that programmes of affirmative action, intending to ameliorate the situation of the victims of discrimination, did not per se amount to discrimination. It was the responsibility of the State to redress the situation and all depended on the content of the affirmative action programmes. The essence of equality must not be violated by these programmes. Despite stringent laws on discrimination, there were cases where discrimination was institutionalized. Concern was raised as to the situation that had been seen in Fiji and it was particularly tragic that equality before the law had been ignored. Bad examples were infectious and appropriate measures were needed to be taken to officially sanction discrimination.
PAUL DIVAKAR, of Anti-Slavery International, said that most Governments in South Asia had recognized the Dalits and recognized that they had rights; the problem was enforcement of regulations for protecting and promoting these rights. In India some 160 million Dalits were routinely abused, discriminated against, and even killed by upper-caste groups. Entire villages in many Indian States remained completely separated by caste. In rural India, untouchables could not drink from the same wells, could not visit the same temples; they were forced to sit at the back of classrooms; Dalit women were frequently sexually assaulted; Dalit children made up the majority of those sold into bondage to pay off upper-caste creditors. Although much was said by the Government, implementation of legislation to help the Dalits remained largely ignored in much of the country.
For Dalits throughout South Asia, caste remained a major barrier to social, economic and cultural rights. There and elsewhere in the world, such as in Senegal and Nigeria, caste-based discrimination should be the subject of a special study, and relevant Special Rapporteurs should be invited to visit.
JERALD JOSEPH, of Pax Romana, spoke on affirmative action, the World Conference against Racism and the situation of migrant workers in Spain. In Malaysia, the ruling Government was a coalition made up of mainly ethnic-based parties. The dominant party, the United Malay National Organization, still spoke and pushed for Malay Lordship. The party preached that the Malays need to be united against all others in order to maintain their lordship. The Subcommission was urged to examine the alarming negative trends of affirmative action thirty years after its inception.
The Indian Government was called upon to have the political will to introduce measures to weed out caste-based discrimination from its own institutions and to look at the applicability of affirmative action. With regard to the World Conference against Racism, all States were urged to participate in a serious and open manner to ensure that it be a truly action-orientated conference. In Spain, migrant workers suffered from acts of violence, resulting from prejudice, economic problems and inadequate legislation. The Subcommission was asked to urge all receiving countries to grant migrant workers their basic rights by implementing proper legislation and to favour adequate links between the protection of the rights of migrant workers and their families and the work of the Preparatory Committee on the World Conference.
MARGARITA GUTIERREZ, of the International Indian Treaty Council (ITTC), said it was to be hoped that the World Conference against Racism would not turn into an endless list of self-congratulatory statements about the end of apartheid, especially as apartheid had survived for years because of the help of many other Governments. Meanwhile, indigenous peoples lived in greater and greater peril -- their customs and livelihoods denigrated, their women and children impoverished, their rights to justice denied. It was even true that some beers, other products, even weapons of mass destruction, bore the names of indigenous groups. In the United States, the Western Shoshone were losing their ancestral lands to toxic and nuclear waste disposal dumps and similar denigrations of sacred territories.
One topic of the World Conference should be measures to protect the rights of indigenous peoples. The widest participation of indigenous peoples should be ensured for the World Conference and for preparatory gatherings. The plan of the High Commissioner for Human Rights to mount a travelling exhibition of the cultures, accomplishments and problems of indigenous peoples and other minorities had the support of the ITTC.
JASDEV SINGH RAI, of Liberation, said that xenophobia and latent racism remained a strategy employed by nationalistic political parties in European democracies. While direct racism was dealt with in legislation, there was creative exploitation of refugees and new migrants to generate racial rhetoric. Refugees had become a tool of racist political currency in some countries, particularly in the United Kingdom. There was no evidence of crisis-level migration or refugees in any European countries. The only crisis lay in the inadequate administration and poorly thought out policies. It was inhuman to turn racism into political capital at the expense of frightened, poor and travel-weary people, some of whom had experienced illegal detention, torture, and loss of relatives and friends in extrajudicial executions in the countries from which they fled. The issue of racial discrimination was complex, while direct racism based on colour was on the decline, another form of racial discrimination persisted in western countries forcing people to conform to cultural norms of the west to escape prejudice. People who adhered to their own culture often found it difficult to advance in their careers or get executive or government and other public appointments. Cultural racism was subtle and remained unaddressed despite multicultural studies and programmes. This was an area where the Office of the United Nations High Commissioner for Human Rights could assist in order to battle racism and discrimination.
ALEJANDRO NEGRIN (Mexico) said the country paid great attention to the protection of migrants' rights. Migration had grown greatly, and high percentages of the persons did not have proper papers. Developed nations needed migrants for their economies, yet the deepening of social inequalities and differences in democratic growth meant that migration flows were growing between 4 and 8 per cent per year. Along with that growth had come a repulsive trend towards human-rights violations of migrants. Violence against them was increasing. It was time to denounce such abuses, which amounted to death in some parts of the world.
Mexico was not immune to this trend. There had been cases of "hunts" of migrants at the border, and some 60 cases of violations of the human rights of Mexican migrants in Mexico's neighbour to the north; and there were regularly deaths of Mexican migrants trying to cross the border to the north. Mexico was trying hard to protect its migrants and other migrants, and sought appointment of a Special Rapporteur on the human rights of migrants. The country was regionally and internationally active on migrant issues, and it sought dialogue and cooperation with its neighbours to the north. The Subcommission should help establish an effective international agenda on the human rights of migrants.
PEDRO FANEGO SEA (Cuba) said that the end of apartheid would have appeared to be enough of a reason to overcome the evil of racism. However, there were new and sophisticated forms of discrimination affecting migrants, refugees, and religious minorities on a daily basis. This was the result of new fascist ideas which were unfortunately taking form in many countries. Political parties had become platforms for racist policies. It was a concern that these policies were legalized and were gaining ground, and national laws were being applied in a discriminatory way with ethnic cleansing policies leading to terrible murders, migration and suffering. The growth of racist tendencies resulted from the swift liberalization of the markets and globalization, going hand in hand with a crisis of values. The internationalization of the information super highway was a challenge to consider, particularly when instruments such as the Internet were used to spread and incite hatred. The World Conference against Racism had to mitigate the historical damage of racism and efforts of the international community was pivotal. Cuba was proud of its progress in the eradication of racism and its contribution to the end of Apartheid in South Africa and would contribute with its experience if required.
BULENT MERIC (Turkey) said the Subcommission's work to date on the Preparatory Committee for the World Conference against Racism and its work on the rights of non-citizens and the concept and practice of affirmative action were encouraging and should be valuable inputs for the World Conference. Turkey was actively planning for the Conference and felt, among other things, that the resulting draft declaration should have an unambiguous recognition that acts of racism and xenophobia were violations of human rights. The draft declaration should also have a reference to the rise in subtle and contemporary forms of racism and xenophobia; and should have a firm and clear commitment to combat such offenses.
Turkey felt that the programme of action resulting from the Conference should include a general commitment that every individual had the right to be free from racism and xenophobia; a call on political parties not to arouse racist feelings to win votes; introduction of legal protections at the national level; assessment of racist motivations and violence as an aggravating factor in national criminal codes; provision of easier access to tribunals for victims of discrimination on the one hand and creation of an intermediary authority such as an Ombudsman for amicable settlements on the other; and streamlining of immigration and asylum procedures based on multi-cultural tolerance.
IVAN ENRIQUE VEGA (Chile) said that the Government of Chile attached importance to the work related to racism and wished to participate in the issues which were to be tackled during the World Conference against Racism. Part of its interest in this cause were the main principles common to all countries on human rights, but it was also based on the national experience of the violation of basic human rights. There was an interest at the international as well as the national levels. These considerations were part of the goals of the current Government as it was attempting to become more transparent. It was this background that had motivated Chile to present itself as a host of the Regional Conference. One of the problems faced was the development of an autonomous conscience. However, Chile was at a point where the country was beginning to break free from the straight jacket of the past. Chile reaffirmed the importance of a relationship between culture, tolerance and democracy. It was important to value societies which were both integrated and diverse. The contribution of the report by Mr. Pinheiro was welcomed and it was encouraged to be recognized as an important step during this single and unique opportunity to formulate a strategy to battle the scourge of racism. The participation of non-governmental organizations was extremely important in this context.
GEORGE MOOSE (the United States) said the issue of racism in the United States, as in most countries, was complex. The country was stronger because of its diversity, and while it celebrated that diversity, it also sought to combat discrimination and to work towards equal opportunity for all. The legal system provided strong protections through, among other things, the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968, along with executive orders by Presidents, the U.S. Constitution, and various federal statutes. Allegations of racial discrimination in the criminal-justice system were being reviewed by various states and the federal Government; in particular, the federal Government was reviewing concerns over racial disparities in the application of the death penalty and other racially discriminatory actions such as racial profiling.
The World Conference offered an important occasion for all to focus on the issue of racism. There should be a full discussion on the multiple and varied issues involved. Racism and discrimination plagued all countries, societies and regions, and to deny that fact would be to do a disservice to the World Conference and to people around the world who looked to it for serious attention to these complex problems. There were no easy answers.
MUMTAZ ZAHRA BNOCH (Pakistan) said that for centuries, women and men had struggled against racism, racial discrimination and related intolerance. Age-old phenomena such as the caste system, bondage and xenophobia continued to violate the fundamental human rights of millions of people in poor and rich countries. It was surprising that while millions continued to face racial hatred and intolerance, there was a popular perception that racism had declined. By giving racism new connotations and definitions, the reality of racism was sought to be masked thereby perpetuating the suffering of the victims. It was time for the privileged societies to review their doomed effort to insulate themselves from the historically inevitable process of migration of peoples. The phenomenon of racism had spread at an alarming rate in the advanced countries and constituted daily manifestations of racism, often practised with official sanction or tacit blessings. All such ideas of cultural superiority were rejected. The adoption by consensus of the resolution titled 'Defamation of religion' by the Commission on Human Rights was a welcome step in the right direction. What the world required was not a clash of civilizations but rather a dialogue among civilizations. There was great hope and expectations that the work of the Subcommission would make due contributions to the elimination of racism, with particular reference to the World Conference.
HAROLD SANDOVAL (Colombia) said migration had always occurred, leading to the building of today's civilizations; cultural interaction and the mixing of different groups and customs had forged all of today's nations. Migrant workers had made notable contributions to their host societies for centuries. But this migratory dynamism was frequently portrayed as a problem -- a perspective that only encouraged racism and xenophobia and distorted the basic reasons behind migration. There was obviously an incompatibility between the police's perception of migration and prevailing standards of international human rights.
Policies and subsidies, such as those that worked against the exports of developing countries and were used by industrialized countries, in fact undermined the economies of developing countries and added to pressures for migration. Human resources, in any case, should not be limited or impeded this way. Migrants should have access to educational systems of their host nations, for example. The human rights of migrants should be an extremely important topic of discussion at the World Conference against Racism.
AHMAD AL-HADDAD (Bahrain) said that Bahrain had acceded to the Convention on the Elimination of All Forms of Racial Discrimination in 1998, and had already submitted five reports to the Committee on the Elimination of Racial Discrimination. This was an opportunity to report on the evolved situation in Bahrain. Racial discrimination was totally rejected from the religious, legal and social perspectives in Bahrain. According to the Constitution of the country, when Bahrain adhered to any international instrument, the provisions of that treaty became part of the domestic laws which had to be obeyed. Bahrain also provided services in education, health, teaching, and food subsidies to all peoples in the country, whether citizens or not. Free legal assistance was provided for those unable to supply it for themselves. The policies towards migrant workers had been welcomed and had led to further social and economic development.
ANDREA NEGROTTO CAMBIASO (Italy) said his country, as President of the European Conference starting next October, would maintain a constant and open dialogue with countries organizing regional conferences in preparation for the World Conference against Racism. It also was convinced that the present and future of human rights could not be built without reference to the past. One had to remember the past.
Italy had found itself abruptly transformed from a traditionally emigrant country into a country with massive immigration, and its society was psychologically not prepared for this change. While the need for new manpower was increasing in northern Italy, and with it the presence of foreign workers, there were encouraging initiatives emerging based on willingness and curiosity to discover how this diversity could shape and enrich a new multi-cultural society. At the same time a sustained effort was under way to combat the pathological aspects of illegal immigration, such as new forms of slavery and trafficking, and diffused criminal activities, along with simple clandestine immigration. Italy had regulated the status of migrant workers with a most progressive law which was an act of confidence in foreign workers. It counted on the full cooperation of countries of origin.
SHARAT SABHARWAL (India) said that despite mankind's impressive triumph against Apartheid, the phenomenon of racism continued to persist and indeed, to grow. Racism remained an all-pervading cause of discrimination in several parts of the world where it cast a long shadow, deeply affecting individuals and permeating the workplace, schools, political organizations, public administration and the system of justice. Tackling the problem of racism required the recognition of the problem, something the World Conference against Racism would contribute to. The World Conference should state unequivocally that racism was an affront to human dignity and an anathema to the values enshrined in the Universal Declaration of Human Rights. It should build on the huge consensus that already existed regarding combat against racism rather than getting bogged-down in minutiae or finger-pointing. In this context, concentration on thematic aspects would be a constructive and fruitful approach. However, law and punitive measures could not alone eliminate racism, the changing of social attitudes was equally important. Education and information, particularly mass information networks such as the Internet, played an important role in this area. India was strongly opposed to attempts to include issues not connected to racism, racial discrimination and related intolerance, in the agenda of the World Conference with a view to dilute focus on racism. Such attempts needed to be resisted if the Conference was to achieve its aims.
D. BAICHOO (Mauritius) said the country was multi-racial, multi-ethnic, and multi-religious. It therefore found it most distressing to note that the horrors of racism continued around the world despite international efforts to end them. Mrs. Hampson had made a relevant statement about a recent incident, and Mauritius agreed with her assertion that a democracy that turned its back on the rule of law in such circumstances was doing something very regrettable.
Mauritius approved of extensive preparations for the World Conference and of the activities of the Office of the High Commissioner for Human Rights in this regard. The High Commissioner had appropriately urged in a recent letter to Governments that States should review and improve their anti-discrimination efforts and laws. The World Conference should consider concrete measures that would dissuade countries from taking measures that would violate international anti-racial-discrimination standards. Meanwhile, it should be acknowledged that affirmative action was justified in certain cases, as in the case of Mauritius, where an affirmative action programme had greatly helped the integration of handicapped persons into Mauritian society.
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