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Human Rights Council holds general debate on racism, racial discrimination, xenophobia and related forms of intolerance

15 June 2010

AFTERNOON

15 June 2010

Concludes General Debate on the Implementation of the Vienna Declaration and Programme of Action

The Human Rights Council this afternoon held a general debate on racism, racial discrimination, xenophobia and related forms of intolerance and follow up and implementation of the Durban Declaration and Programme of Action. It also concluded its general debate on follow-up to and implementation of the Vienna Declaration and Programme of Action.

Speakers in the general debate on the Durban Declaration and Programme of Action reiterated their commitment to fight against racism, racial discrimination, xenophobia and related intolerance, which remained a priority in the human rights agenda. All forms of racism must be combated with equal force and more effective tools must be generated to enhance worldwide cooperation on that matter. Despite the significant progress towards evolving normative standards and instruments against different forms of racism, racial discrimination, xenophobia and related intolerance, there continued to be persistence of old forms of racism as well as the emergence of new ones. Defamation of religions was the latest manifestation of discrimination, intolerance and xenophobia. If the scourge of racism and racial discrimination was still to be eliminated, greater political tenacity of Governments was needed. It was imperative for all concerned to strive to bridge the gaps in the existing international instruments for combating racism, racial discrimination, xenophobia and related forms of intolerance though a number of measures, including the provision of support and technical assistance to States as appropriate.

Speaking in the general debate on the Durban Declaration and Programme of Action were representatives of Spain on behalf of the European Union, Sudan on behalf of the Arab Group, Nigeria on behalf of the African Group, Pakistan on behalf of the Organization of the Islamic Conference, Chile, Qatar, Russian Federation, Saudi Arabia, Egypt, United States, Ethiopia and Venezuela.

Also speaking were the following non-governmental organizations: Liberation, International Humanist and Ethical Union, France Libertés: Fondation Danielle Mitterand in a joint statement, Movement contre le racisme et pour l’amitie entre les peoples, International Movement Against All Forms of Discrimination and Racism, International Youth and Student Movement for the United Nations, North-South XXI, International Educational Development, United Nations Watch, Action internationale pour la paix et le développement dans la region des Grand Lacs, World Union for Progressive Judaism, Comité International pour le Respect et l'Application de la Charte Africaine des Droits de l'Homme et des Peuples, Cercle de Recherche sur les Droits et les Devoirs de la Personne Humaine, Indian Council of South America and Association for World Education.

In the general debate on the Vienna Declaration and Programme of Action, speakers noted that 17 years after its adoption, the Vienna Declaration Action Plan remained a fundamental reference in the human rights agenda and one of the foremost instruments for the guidance of the international community in the protection and promotion of human rights for all. It reaffirmed the obligation of every State to create favourable conditions to ensure the full enjoyment of human rights by everyone, and to make every effort to eliminate all violations of human rights and their causes. To realise the vision of the Vienna Declaration, the Council must respond to human rights concerns and ensure that implementation of the international obligations of all States was properly monitored and that human rights commitments entered into by States were met. The Council's core function was to provide a forum for honest and open dialogue among States, and to give voice to, and fully protect, the rights of individuals wherever they lived. Some speakers said that the several cross-regional joint statements heard today were crucial in sending the message about this Council’s ability to address critical human rights situations collectively and constructively.

Speaking in the general debate on the Vienna Declaration and Programme of Action were representatives of Norway on behalf of 55 countries, Indonesia, Italy, United States, United Kingdom, Russian Federation on behalf of 36 countries and the Holy See, Argentina on behalf of MERCOSUR, Cuba, Algeria, Switzerland, Azerbaijan, Morocco, Lebanon and Syria.

Also speaking were the following non-governmental organizations: Marangopolous Foundation for Human Rights in a joint statement, Canadian HIV/AIDS Legal Network in a joint statement, World Federation of Trade Unions, Amnesty International, Action internationale pour la paix et le développement dans la region des Grand Lacs, International humanist and Ethical Union, United Nations Watch, International Club for Peace Research, International Educational Development Inc., France Libertés: Fondation Danielle Mitterrand in a joint statement, Centrist Democratic International, Comité International pour le Respect et l’Application de la Charte Africaine des Droits de l’Homme et des Peuples, Union de l’action feminine, Indian Council of South America, World Union of Progressive Judaism and Association of World Citizens.

Speaking in a right of reply was Iran.

The Human Rights Council will meet on Wednesday, 16 June at 10 a.m. when it will hold a clustered dialogue with the Special Rapporteur on racism and the Working Group of Experts on people of African descent.

General Debate on Follow-up to and Implementation of the Vienna Declaration and Programme of Action

BENTE ANGELL-HANSEN (Norway), speaking on behalf of 55 States, resumed the statement which it had started this morning, thanked all the colleagues who helped resolve the procedural issue in a constructive manner, and informed the Council that Argentina also supported the statement. The Governments of the 55 States were concerned at the lack of progress in the protection of human rights in Iran, particularly since the elections last June, including the violent suppression of dissent, detention, and executions without due process of law, severe discrimination against women and religious minorities, and restrictions on freedom of expression and religion. The 55 States called on the aforementioned Government to fulfil its obligations under the Vienna Declaration and Programme of Action, including to fully implement its standing invitation to Special Procedures and to allow the visit of the Office of the High Commissioner for Human Rights, and also to take all measures to protect the rights of religious minorities and ensure equal treatment of women and girls. All the States that had joined the statement had done so in order to see the full enjoyment of human rights of people in this country and to ensure that the voices of those suffering violations were heard by this Council. They urged the Government of Iran to respect different social and political groups and allow them to express themselves freely.

KAMAPRADIPTA ISNOMO (Indonesia) said the Vienna Declaration and Programme of Action was one of the foremost instruments for the guidance of the international community in the protection and promotion of human rights for all; it was a benchmark against which the international community could measure the progress accomplished, but also take stock of those areas where further efforts were needed in order to meet international standards. With regard to children's rights, in particular the areas of child labour and children in conflict with the law, these were two areas where Indonesia had tried its utmost to raise its performance to comply with its international obligations. Improvement of education was a key priority, focusing on stepping up funding programmes to provide children with better access to schooling. Furthermore, income generation and healthcare, as well as entrepreneurship and vocational training programmes, had further strengthened this policy, designed to attract children and youth away from the sectors employing child workers. Efforts to improve the situation of children in conflict with the law aimed at gradually establishing a child-sensitive juvenile justice system, based primarily on the notion of restorative justice. The Government was also working in cooperation with UNICEF and in the context of bilateral cooperation to ensure that all policies and measures under the restorative approach could build on existing traditional justice systems as long as they were in line with international human rights standards.

ROBERTO VELLANO (Italy) said 17 years after its adoption the Vienna Declaration and Programme of Action remained a fundamental reference in the human rights agenda. Among its recommendations, the protection of persons belonging to ethnic and religious minorities played a prominent role. Italy expressed its deep concern at continued reports of intolerance, violence and targeted killings based on religion or belief and called on all States to guarantee full protection of the right to freedom of thought, conscience and religion. Italy confirmed its commitment to fight any form of discrimination in that respect and would continue mainstreaming the protection of religious freedom as a horizontal priority in its foreign policy. In 2008, the Italian Parliament had adopted an unanimous position on the matter and had requested the Government to launch initiatives in all relevant multilateral fora to guarantee fundamental rights and the respect of human rights. The European Union had adopted conclusions on the same issue in November 2009. Italy welcomed initiatives that were conducive to inter-religious dialogue and strongly supported educational systems inspired by tolerance, freedom of expression, communication, and mutual respect among different cultures. Italy was confident that all States would join consensus on the resolution for the renewal of the mandate on freedom of religion or belief. Italy also welcomed the current international trend towards abolition of the death penalty: the end of the death penalty in all parts of the world would be a substantial contribution to human dignity.

EILEEN CHAMBERLAIN DONAHOE (United States) said that the United States had joined today several joint statements and applauded the cross-regional nature of all of them and the message they sent about this Council’s ability to address critical human rights situations collectively and constructively. The United States was very proud of the coalition of over 50 governments together under the leadership of Norway to ensure that the voice of those suffering human rights violations was heard. The United States was also pleased to support a statement by Sweden which called on the Human Rights Council to seize an opportunity to strengthen the promotion and protection of human rights in the context of the Internet and other new information and communication technologies, and to oppose actions that unjustifiably sought to restrict its use. Many Governments censored and monitored the Internet on vague grounds without respecting the rule of law. One year ago, the high-level panel on sexual orientation and gender identity had met to further important discussion on this topic and the United States urged nations to stop using sexual orientation or gender identity as the basis for arrest or detention and deplored and condemned executions and other harsh sentences imposed upon such individuals. The United States strongly supported the elimination of violence against women resolution that Canada had put forward, urged Member States to support it and expressed its hope that in the next session the Council would endorse the mandate creating an Independent Expert to examine laws that discriminated against women.

REBECCA SAGAR (United Kingdom) said the Vienna Declaration reaffirmed the obligation of every State to create favourable conditions to ensure the full enjoyment of human rights by everyone, and to make every effort to eliminate all violations of human rights and their causes. Failure to guarantee the basic human rights and freedoms of people in many countries in many parts of the world remained a legitimate source of legitimate concern. The Council's core function was to provide a forum for honest and open dialogue among States, and to give voice to, and fully protect, the rights of individuals wherever they lived. States should provide effective remedies to redress human rights violations and an independent judiciary and legal profession were essential to the full realization of human rights. All States should live up to their human rights obligations, including those in the Vienna Declaration and Programme of Action. In Vienna in 1993, Governments agreed that the human rights situation in any country was a legitimate concern of the international community. This recognition was of crucial importance, and continued to be just as pertinent today. To realise the vision of the Vienna Declaration, the Council must respond to human rights concerns and ensure that implementation of the international obligations of all States was properly monitored and that human rights commitments entered into by States were met.

VALERY LOSHCHININ (Russian Federation), speaking on behalf of 36 countries and the Holy See, said the year 2010 marked the sixty-fifth anniversary of the end of the Second World War, which brought immense suffering to the entire mankind. The importance of that date for the United Nations and the international community had once again been highlighted during a special commemorative meeting of the General Assembly on 6 May 2010. The 36 countries and the Holy See highly appreciated the historic significance of that event, which saved the people of the planet from the scourge of the Nazi tyranny; opened the way towards creating a new world built on the principles of international cooperation, dialogue and respect for law; laid the foundations of the modern international order; and restored faith in the ideals of human rights and respect for human dignity. The 36 countries and the Holy See would never forget the sacrifices to defeat the forces of destruction and barbarity and honoured the memory of those millions of people who had given their lives for the triumph of freedom and justice. Highlighting the progress made since the end of the Second World War in overcoming its legacy and towards reconciliations, they reaffirmed their determination to prevent further tragedies and to save succeeding generations from threats to peace and security.

SEBASTIAN ROSALES (Argentina), speaking on behalf of the Southern Common Market (MERCOSUR), said that MERCOSUR was a high-level regional body that regularly met, discussed and coordinated human rights issues, including those on the agenda of this Council. The member countries expressed their support and interest in two of the themes that the Council discussed during this session: the impact of extreme poverty on fundamental rights and freedoms, and on the right to health and access to medicines, particularly for those affected by HIV/AIDS. Argentina referred to the work of the Independent Expert on extreme poverty, and the report presented on the question of pensions and rights of the elderly. MERCOSUR countries dedicated special attention to social security systems from a broad perspective, and particularly for those most vulnerable and the poorest parts of the population. They attached special importance to the promotion of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, on the principles of availability, accessibility, acceptability and quality. The right to health was universal and indivisible and must be realized without discrimination between rich or poor, men or women or other categories. The Southern Common Market countries supported a non-discriminatory approach which was extremely important for the realization of the right to health for all and noted with appreciation the approach of the Special Rapporteur on the right to health. They called for greater international cooperation in the area of official development assistance.

RODOLFO REYES RODRIGUEZ (Cuba) said Vienna was first and foremost the conference that marked the time when there was a call for cooperation, reflection and dialogue for peace, on the right to development, poverty, and spoke about impartiality and non-selectivity. This was why Cuba was very surprised that in this context, one of the more obscure pages of the Council had been written, taking it back to the infamous situation of the Commission on Human Rights. Cuba had the first draft of the Declaration, which had been drafted by an imperium, not by the country whose representative was speaking. There were 192 Member States of the United Nations - and only 55 had signed the text. Today had been an illustration of the danger lying in the review process for the Human Rights Council. This situation should make all reflect and ponder carefully on what was ahead, but some delegations would not be able to do this. The topic of Iran, after an excellent proposal from Turkey and Brazil, which gave hope to the entire world that a solution would be found, was now a situation of concern, as there were continuing attempts to throw oil on the fire, and this was an aggression against the Iranian people. Cuba could not remain silent at a time when there was manipulation of a subject to call attention to the situation of one particular State. What happened to Iran today could happen tomorrow to any non-aligned State or developing country. This agenda item had been created to carry the Council forward on a constructive path, but it was instead being used for other purposes. Cuba hoped the Council would not end up as the Commission had ended up.

BOUALEM CHEBIHI (Algeria) said the Vienna Declaration and Programme of Action was an important step to help the international community take the measures needed to strengthen cooperation aimed at eradicating terrorism. Algeria was one of the co-sponsors of the resolution adopted by the Security Council which criminalized that behaviour, especially the paying of ransom to criminal organizations, allowing such organizations to perpetuate human rights violations. In the spirit of the Vienna Declaration and Programme of Action, Algeria called upon States to fight that phenomenon. On another note, the delegation said that Algeria had a national plan for children 2008-2015 and was committed to and respected the rights of children under foreign occupation, as reaffirmed by the Vienna Declaration and Programme of Action.

DANTE MARTINELLI (Switzerland) said that the Vienna Declaration had reaffirmed the solemn commitment of all States to observe the universal aspect of human rights and fundamental freedoms for all. Cooperation in the area of human rights was essential for achievement of this goal. Switzerland had associated itself with the statement of Norway this morning as it was important for this Council to take a stand on human rights violations wherever and whenever they occurred and to do so in a balanced way. Switzerland regretted that this statement had not been more largely supported. The credibility of the Council and the promotion of the universal respect of human rights depended on the cooperation of all States, regardless of regions. In the spirit of the broadest possible cooperation with the Council, Switzerland would continue its efforts to promote adoption of trans-regional decisions.

SAMIRA SAFAROVA (Azerbaijan) said the Vienna Declaration and Programme of Action was a priority for the United Nations, and it reaffirmed the protection and observance of human rights and fundamental freedoms for all. In this session alone, almost all human rights priorities enshrined in the Vienna Declaration had been discussed. Many delegations had actively participated in almost all interactive dialogues, and reaffirmed their commitment to dialogue and the work of the Human Rights Council in the protection and promotion of human rights. The aftermath of World War II had led to the universal proclamation and recognition of international human rights and fundamental freedoms through the United Nations, and set down in international instruments a compendium of fundamental values, such as peace and respect for human rights. Azerbaijan underlined with regret the existing threats of aggressive separatism, which endangered international peace and stability, and affirmed its devotedness and commitment to the joint efforts in combat against aggression, separatism, extremism, and other threats and challenges.

OMAR HILALE (Morocco) said the Vienna Declaration and Programme of Action reaffirmed the interdependence, universality, and non-selectivity of human rights. The authors of that Declaration had the wisdom to ensure that human rights could be shielded from attempts to pervert them. Morocco considered that the Vienna Declaration represented leverage to achieve the Millennium Development Goals and promoted economic, social and cultural rights, and particularly the right to development. Those fundamental topics were of particular importance to Morocco which was committed to protect those rights at the international and multilateral levels. The reforms initiated by Morocco first and foremost aimed at strengthening the objective conditions at the national and local levels to optimize the enjoyment of all citizens of their economic, social and cultural rights, and civil and political rights and fundamental freedoms.

RANA MOKADDEM (Lebanon) said that while the President acknowledged the difference of opinion on agenda item 8 earlier today, it was the duty of this Council to act independently and without preferences. Lebanon was saddened that some countries chose to use agenda item 8 to address the human rights situation in a country, while it could have been done under item 4 and 6. Lebanon would have hoped that the voice of the victims of the human rights violations in the Middle East would be heard and that they would not be forgotten.

RANIA AL RIFAIY (Syria) said Syria was disappointed at the events that took place today, which were one of the results of the Commission on Human Rights. This dialogue had to be held away from any politicisation, but this had not happened today - the Human Rights Council had deviated from the rules governing its work in a selective manner. In this session, Iran had been targeted under items 3, 4 and 6, and there had been deviation from item 8 today in order to target it again. What was contained in the statement in terms of claims about Iran on the right to expression, women's rights and standing invitations for the Special Rapporteurs, could not compare to the violations undertaken by one State in the region that was depriving many people of their human rights. Syria would have wished to hear this yesterday, and hoped that those who took the floor today would have made a move yesterday in order to alleviate the sufferings of those people, which had lasted more than 60 years.

TOM GANIATSOS, of Marangopoulos Foundation for Human Rights, reminded the Council of the engagement that States had undertaken in the Vienna Declaration to eradicate “any conflicts which may arise between the rights of women and the harmful effects of certain traditional or customary practices”. The Marangopoulos Foundation for Human Rights took note of resolution 12/21 that called on the High Commissioner to convene a workshop for an exchange of ideas on traditional values underpinning human rights norms. However, advancing “traditional values” could have a negative effect on the campaign against such practices, and the Marangopoulos Foundation for Human Rights therefore called on the Council to reconsider its resolution 12/21 to avoid legitimizing harmful traditional practices, and introducing cultural relativism. The Marangopoulos Foundation for Human Rights also encouraged the Council to adopt a resolution that reminded States of their international obligations to effectively address all traditional practices that resulted in violations of women's rights.

JOHN FISHER, of Canadian HIV/AIDS Legal Network, in a joint statement with the International Commission of Jurists, said the Vienna Declaration and Programme of Action had affirmed the principles of universality and non-discrimination, and yet many people continued to be denied their rights solely because of their sexual orientation and gender identity. The time was overdue for this Council to take up its responsibility to address those human rights violations. The Canadian HIV/AIDS Legal Network and the International Commission of Jurists therefore welcomed the discussion that had taken place at this session on the decriminalization of same-sex conduct between consenting adults. The largely constructive engagement by States from all regions had illustrated that the Council could and must engage with sensitive issues from a human rights perspective.

RAYMONDS NAVARRO FERNANDEZ, of World Federation of Trade Unions, said that the Vienna Conference had confirmed the right of people to self-determination. Cuba had suffered from actions by the most powerful country in the world, which used defamatory measures to justify the blockade against Cuba. This sought to destroy the constitutional system freely chosen by the Cuban people. The Vienna Declaration and Programme of Action had been firm in condemning all forms of terrorism and there were some that had not heeded this and were funding and conducting terrorist acts against Cuba. The World Federation of Trade Unions demanded actions to put an end to those violations of the rights of Cubans.

PETER SPLINTER, of Amnesty International, said that the Vienna Declaration acknowledged the rights of minorities to fully participate without discrimination in all aspect of political, economic, social and cultural life. The protests by Uighurs in China in July 2009 had been fuelled by the longstanding resentment against discrimination and violations of economic and cultural rights. Contrary to the views of some in this room, human rights were not a thing of declarations and paper; human rights were implemented in the field and belonged to real people, who lived in real communities. Not being able to speak in this room about a country situation was shameful. There were many comments about the practice of naming and shaming and Amnesty International said that if some countries felt ashamed it was because they were failing to fulfil their human rights obligations. Amnesty International called on the Council to address the human rights situation of the Uighurs.

MAURICE KATALA, of Action internationale pour la paix et le développement dans la région des Grands Lacs (AIPD), said the Vienna Declaration was a reference document in the area of the protection and promotion of human rights. On the eve of elections in some countries of the Great Lakes region, the humanitarian and political situation was becoming very complex. The international community needed to make a strong effort to ensure that efforts to resolve the human rights situation were made, and were in line with the Vienna Declaration. The condemnation of impunity and the encouragement of justice could have a significant effect on the lives of individuals and on the respect for human rights in all countries adjacent to the Great Lakes.

ROY W. BROWN, of International Humanist and Ethical Union, said the discussion panel yesterday on maternal mortality showed how much remained to be done before women worldwide could enjoy the most basic of all human rights - the right to life. The international community had for decades had available all of the information it needed to reduce the appalling toll of maternal mortality. Women needed better ante-natal care, they needed trained birth attendants and access to professional medical care when things went wrong: they needed better reproductive health care, but they also needed reproductive rights. What women desperately needed was the information, the means, and the freedom to decide whether and when to become pregnant. Yet the obstacles to women's choices remained formidable. Cultural and religious tradition was of course part of the problem, but so too were the misguided attitudes on the part of many Governments. These people had placed their views of morality above their concern for the lives of women.

HILLEL NEUER, of United Nations Watch, said while the Vienna Declaration guaranteed the inherent worth of the human person, including the right to life, the Council had insufficiently responded to many such grave human rights violations. No resolutions, no urgent sessions, no investigations, nothing. Yet last week, when Israel had defended itself against violent Jihadists on the so-called humanitarian flotilla, another standard had been witnessed – a double standard. Suddenly the Council sprang into action with an urgent debate, a resolution condemning Israel, and yet another investigation where the guilty verdict was declared in advance. Meanwhile, not a single resolution had been adopted for 191 other countries in this session. Had this Council kept the Vienna Declaration’s guarantee of the right to life? No, on the contrary, and millions of victims were paying the price.

SULTAN SHAHIN, of International Club for Peace Research, said it hardly needed to be emphasized that the biggest threat to peace in today’s world came from the Taliban and their fellow Islamic radicals operating in the Afghanistan-Pakistan region. But even more worrisome was the fact that the world’s determination to confront those roguish elements appeared to be flagging. The North Atlantic Treaty Organization seemed to be losing interest in what looked like an endless war. Meanwhile, the general populace in large parts of Pakistan was being radicalised and acquired sympathies for the Taliban and their terrorist allies. That trend was very clear now and posed a grave threat to world peace, not least because Pakistan was a nuclear State and almost permanently on the brink of joining the ranks of failed States.

KAREN PARKER, of International Educational Development Inc., said International Educational Development was pleased to note the continuing increase in the number of States where women were Presidents or Prime Ministers. Having women in charge of the governments was a key factor in reducing human rights violations committed against women. The countries where the situation of women was particularly grim were those countries in which men seemed to have the most control of the structures of power. While the United Nations forums had focused on empowering women, it was equally crucial to focus on the men who were the perpetrators. If men would declare that they would not marry a woman who had undergone female genital mutilation, the practice would stop instantly.

CAROLINE VIRET, of France Libertés – Fondation Danielle Mitterrand, in a joint statement, said that the Vienna Declaration stipulated that all people had a right to self-determination and social and cultural development. This right was at the centre of all other rights and was the essential condition to guarantee the full enjoyment of other human rights. Most of the populations which had been under colonial power 50 years ago were now free, but there were still non-autonomous territories, such as the Western Sahara. It was the responsibility of this Council to ensure the implementation of the Vienna Declaration and Programme of Action.

SEMLALI AABADILA, of Centrist Democratic International, said the respect of human rights and fundamental freedoms without any distinction was the normal rule of international law. To eliminate fully all forms of racism and racial discrimination as well as xenophobia and related intolerance was a priority for the international community, and Governments should take effective measures to combat these phenomena. Seventeen years after the adoption of the Vienna Declaration, minorities and vulnerable populations were still threatened by the loss of their human rights. Torture was still used in a number of regions. The Council should take measures to put an end to this practice and the practice of certain countries that violated the Vienna Declaration.

HAMDI CHERIFI, of International Committee for the Respect and the Application of the African Charter on Human and Peoples' Rights, said the application of the Vienna Declaration and Programme of Action continued to be limited throughout the world. In the absence of international interventions, the victims of human rights violations continued to suffer. Some States supported separatist groups, and sought to extricate themselves from their obligations under the Declaration. The international community was convinced that self-determination was manipulated to fulfil issues inherited from the Cold War. There was concern for the profusion of separatist movements around the world, which manipulated the principle of self-determination.

AICHA RAHAL, of Union de l'action féminine, said the Vienna Declaration affirmed that the right to development was inalienable and an integral part of the fundamental rights of human beings, thus stipulating that States must see to it that the right to development was ensured. All human beings must be able to participate actively in the achievements of human rights. It was regrettable that those principles were flouted in many parts of the world. Also, no precarious State situations could be used as a pretext for the non-enjoyment of those human rights.

RONALD BARNES, of Indian Council of South America, said that international human rights instruments provided that the peoples of non-self governing territories were separate and distinct until they exercised their right to self-determination, as stated by Algeria. Thus the peoples remained foreign until they were vested with the right to self-determination. A State violating that principle could not claim those territories as within their territorial integrity. Also, self-determination was obstructed by violations of the freedom of religion and thought, resulting in institutional racism and other forms of discrimination, and denying many people their right to self-determination. All peoples, including indigenous peoples, must be able to enjoy their right to self-determination.

DAVID LITTMAN, of World Union of Progressive Judaism, said that 96 per cent of Egyptian women were still subjected to female genital mutilation despite the State legislation outlawing the practice. The United Nations Children’s Fund indicated that over 3 million girls were mutilated each year in 32 countries, 29 of which were Member States of the Organization of the Islamic Conference. It was time for more States and non-governmental organizations to speak out despite politically or religiously correct arguments which had no place in this Council.

GENEVIEVE JOURDAN, of Association of World Citizens, said that every State should provide an effective framework of remedies to address human rights violations. Each armed conflict in the world would leave behind about 17 per cent of persons with disabilities, while, according to the United Nations Development Programme estimates, the main priority was psychological care. The Association of World Citizens said that in parallel to the promotion of human rights it would be good to promote the right to life, freedom and liberty and also the capacity of communities to develop and innovate in protection from abuse of all types.

Right of Reply

HAMID BAEIDI NEJAD (Iran), speaking in a right of reply, said Iran strongly rejected the statement made by Norway on behalf of some countries under this agenda item both in terms of substance and procedure. Numerous statements made on behalf of the Non-Aligned Movement, the Organization of the Islamic Conference and other delegations manifested the opposition of a number of States against this practice. Since the baseless allegations and distortions in the statement were elaborately discussed on other occasions including the recent Universal Periodic Review of Iran, this would not be discussed. It was extremely regrettable that agenda item 8, as a thematic agenda item, was being used by some to raise biased and politicised issues to push forward a political agenda. The aim of the contributions in the Human Rights Council was to contribute in some way to the promotion of human rights throughout the world, with the rationale of being impartial and non-selective. The Universal Periodic Review on Iran provided a unique opportunity to review Iran's human rights situation, and raise awareness on Iran's experiences and history in human rights. During the review of the report, the delegation responded to as many of the questions as possible, and assured delegates it would carefully assess all contributions and respond appropriately where issues remained unaddressed. Iran strongly rejected the statement made by Norway, and disapproved of the precedent set.

General Debate on Racism, Racial Discrimination, Xenophobia and Related Forms of Intolerance. Follow-up to and Implementation of Durban

JAVIER GARRIGUES (Spain), speaking on behalf of the European Union, said the European Union had repeatedly demonstrated its commitment to fight against racism, racial discrimination, xenophobia and related intolerance, which remained a priority in the human rights agenda. All forms of racism must be combated with equal force and more effective tools must be generated to enhance worldwide cooperation on that matter. In that context, the European Union reiterated the fundamental importance of fully implementing the International Convention on the Elimination of All Forms of Racial Discrimination and of States complying with their reporting obligations in a timely manner. That constituted a powerful instrument with which to fight the many different forms of racism and intolerance which the world was facing today. The European Union also emphasized the important role regional mechanisms played in that regard and stressed the important role played by non-governmental organizations in combating prejudice within societies. Issues related to racism took on a special importance in light of the World Cup; the fact that South Africa was hosting the World Cup this year was very significant and the international community could not but remember that country’s turbulent past. At the same time, it must not forget the powerful positive effect sport had in bringing people of all nationalities and ethnic and cultural backgrounds together. The European Union hoped that the World Cup would serve as an inspiration to all.

MOHAMMED HAIDARA (Nigeria), speaking on behalf of the African Group, said that while the Durban Declaration and Programme of Action had achieved certain expected objectives, their overall implementation was inherently hindered by certain distortions arising from emerging issues that overtly violated the purpose and principles of the Charter of the United Nations. Years after the adoption of the Durban Declaration and Programme of Action, efforts were being made to establish the follow-up mechanisms and Nigeria appreciated the contribution of various Durban mechanisms. If the scourge of racism and racial discrimination was still to be eliminated, greater political tenacity of Governments was needed. The African Group was delighted to recall the efforts of all concerned towards the consensual adoption of the Outcome Document of the Durban Review Conference last year and was optimistic that this momentum would be sustained. It was imperative for all concerned to strive to bridge the gaps in the existing international instruments for combating racism, racial discrimination, xenophobia and related forms of intolerance though a number of measures, including provision of support and technical assistance to States as appropriate. The African Group welcomed the declaration by the General Assembly of the year 2011 as the International Year for People of African Descent and hoped that Member States would actively make meaningful contributions to shaping a programme of activities marking the year.

AHMED ZAHOOR (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said despite the significant progress towards evolving normative standards and instruments against different forms of racism, racial discrimination, xenophobia and related intolerance, there continued to be persistence of old forms of racism as well as the emergence of new ones. The consensus adoption of the outcome document of the Durban Review Conference last year was an expression of the renewed collective commitment by the international community to fight against racism, as well as a signal to the relevant constituencies that racism was unacceptable and would be vigorously combated by different institutions of States within all parameters of law. Defamation of religions was the latest manifestation of discrimination, intolerance and xenophobia. Defamation of religions and its negative consequences had increased substantively in the past few years. It was unfortunate that such manifestation was being defended under the garb of freedom of expression - this latter needed to be exercised judiciously and in a responsible manner within the parameters of internationally-accepted norms. The simple-minded equation of Islam and the entire Muslim community with terrorism was illogical, ethically reprehensible, and intellectually dishonest since it led to ignoring the political basis of terrorism, and to de-legitimise the political content of their insidious programme. The international community must address the root causes of terrorism, such as the situations of grave injustices and repression affecting Muslims, and conditions of poverty and lack of opportunity, which bred extremism and terrorism.

VICENTE ZERAN (Chile) said Chile was committed to follow-up the Durban Declaration and the Durban Review Conference and valued that there was space in this Council to deal with this subject. Combating racism, racial discrimination, xenophobia and related forms of intolerance was one of the most important subjects. The Chilean commitment was to contribute to the work of this Council and to the multilateral system. Chile stressed the need to pay special attention to the rights of children, the girl child, and to the Durban Review Conference document when tackling racism and racial discrimination. There was also a need for exchange on good practices in the field, and coordination between global and local arrangements for the promotion and protection of human rights were essential.

KHALID FAHAD AL-HAJRI (Qatar) noted with grave concern the manifestation of racism, racial discrimination, xenophobia and related forms of intolerance, and the negative profiling on the basis of religion and cultural supremacy. This resulted in planting seeds of hatred and exclusion against some groups. Hatred and racial supremacy also fuelled armed conflicts, and led to genocide and crimes against humanity. Such practices were contradictory to all internationally agreed norms. Qatar noted the role of the media in inciting hatred by negatively portraying certain religions and said those were punishable crimes. The outcome document of the Durban Review Conference confirmed that xenophobia and hatred were major obstacles to the establishment of peace between nations. This necessitated further action by the Council in order to prohibit racial hatred and policies based on racial supremacy.

EVGENY USTINOV (Russian Federation) said this year humanity was celebrating the sixty-fifth anniversary of the end to barbarity and the end of Nazism. Sixty-five years had passed since fascism was vanquished, but today's situation showed a steady trend by some countries not just to forget about history, but to re-write history, rehabilitate racist ideologies, and forget about the tragedy that led to millions of human lives lost. This was becoming a political instrument - there could only be indignation at the attempts of some to justify the actions of Nazi criminals. The investigation and trials of some who had fought for the freedom of peoples from enslavement were a negative thing, leading to new phobias with a clear nationalistic and racist underpinning. There was a growing number of neo-Nazi and fascist organizations, particularly in Europe. These attacks by neo-Nazis were simply considered as crimes against public order, and this situation was unacceptable. Racism, xenophobia and related intolerance could not be overcome overnight - there was a need for political will and hard work, which latter would include the effective implementation of the Durban Declaration and Programme of Action and the Programme of Action issuing from the Durban Review Conference.

ABDULAZIZ ALWASIL (Saudi Arabia) said Saudi Arabia emphasized the contents of the Durban Declaration and Programme of Action that confirmed that racism, racial discrimination, xenophobia and related forms of intolerance were obstacles that impeded friendly relations between peoples and nations, and that they were the root causes of many conflicts, including armed conflicts. Saudi Arabia agreed with the report of the Special Rapporteur on racism that racism was the element that ignited the flames of tensions. Saudi Arabia highlighted that the King of Saudi Arabia had called for dialogue and peace among the peoples of the world at the inter-religious dialogue. Saudi Arabia emphasised the important role of the media, be it positive or negative, and underscored the importance of the work of the Special Rapporteur, including the conclusions and recommendations contained in the report. Those were important for the role they could play in targeting the root causes of racism, racial discrimination, xenophobia and related forms of intolerance.

AHMED IHAB GAMALELDIN (Egypt) said Egypt was dismayed at instances of religious and cultural prejudices, intolerance and discrimination on the basis of religions or beliefs or different systems. Egypt expressed its concern at the negative stereotyping of religions, insults to and defamation of religious personalities, holy books, scriptures and symbols. It deplored all acts of ideological and physical violence and assaults against persons on the basis of their religions or beliefs. Egypt reaffirmed the validity of the Durban Declaration and Programme of Action as it had been adopted and the outcome document of the Durban Review Conference held in Geneva in April 2009, which had also endorsed the proposal submitted by the UN High Commissioner for Human Rights to organise a series of expert workshops to attain a better understanding of the legislative patterns, judicial practices and national policies in the different regions of the world with regard to the concept of incitement to hatred. The organization of these workshops would be useful to address the underlying human rights concerns behind the issues of “defamation of religions” and “incitement to racial and religious hatred”.

MATTHEW R. ANDRIS (United States) said combating racial discrimination at home and abroad was a priority for the United States. Domestically, the diversity of the American society was a source of pride for the United States; significant progress had been made on combating racism and advancing equality in the United States. Nevertheless, the United States still had work to do and continued to work on those issues at home and to look for ways to work with the international community on combating discrimination around the world. To that end, the United States supported the sharing of ideas and best practices among practitioners. In addition, initiatives to build the capacity of law enforcement, the justice sector, and the education sector, among others, were critical in the fight against racism and discrimination. The United States was also working with partners around the world on those important issues.

GIRMA KASSAYE AYEHU (Ethiopia) said the world was infested by racism, racial discrimination, xenophobia and related intolerance, manifested by various forms of profiling, all markedly detrimental to society as a whole and to human rights in general. The fight against racism, racial discrimination, xenophobia and related intolerance took notable place in the Ethiopian human rights programme.

EDGARDO TORO CARRENO (Venezuela) said that the report of the Working Group of Experts on people of African descent represented excellent work. Venezuela said there were excellent conditions for the establishment of multicultural societies in their countries and encouraged all States to continue to pool their efforts and find the political will to arrive to the end of those mandates. This would lead to the achievement of the objectives contained in the outcome document of the Durban Review Conference.

SONA KANTI BARUA, of Liberation, said the Universal Declaration of Human Rights stipulated that all human beings were free and equal in dignity and rights, and that everyone was entitled to all the rights and freedoms without distinction of any kind. Despite these clear pronouncements, discrimination on the basis of race, colour and religion was still practiced in many parts of the world. In particular, the Dalits and lower caste Hindus in India remained subject to segregation, were restricted in schools, worship places, hospitals, water use, and access to public facilities. It would be preferable if all sections of Indian society were able to aspire to a sense of well-being and self-determination at this time when the economy was growing rapidly.

ROY W. BROWN, of International Humanist and Ethical Union, said International Humanist and Ethical Union continued to be appalled by the continuation, with apparent impunity, of traditional forms of slavery in several States, despite laws prohibiting the practice. In particular, International Humanist and Ethical Union urged the Government of Mauritania, now that it had become a member of this Council, to ensure that its recently enacted laws against slavery were actually given effect and used to release the estimated 600,000 slaves still being held in bondage in that country. The International Humanist and Ethical Union also continued to be dismayed by the State-sponsored, institutionalized hatred of non-believers in certain States. At least three Member States of this Council had laws in place that prescribed the death penalty for those who declared themselves to be non-believers.

CAROLINE VIRET, of France Libertés: Fondation Danielle Mitterand, in a joint statement, said that discriminatory racial practices led to favouring of certain groups of people at the detriment of others who often would not be able to participate in public life or access public services. Poverty and social marginalisation as a result were pretext to justify discriminatory practices. Mapuche people in Chile were strongly discriminated against and were marginalised. Their ancestral lands had been taken long ago and the policies to ensure the return of that land by the Government were too slow and insufficient. This showed that at the core of discrimination was the lack of participation and the lack of respect for the right of consent.

GIANFRANCO FATTORINI, of Movement contre le racisme et pour l’amitie entre les peoples, said that as the result of the crisis in Europe there were more and more people fending for themselves and rejecting the others and now it was upon the authorities to address this phenomena. Racism, which had been on the increase since September 11, reached its summit with the organisation of the great debate on French national identity. New laws that were promulgated while the country was going through a period of serous socio-economic problems favoured the emergence of questions of identity, stigmatisation, rejection, discrimination and racism. Movement contre le racisme et pour l’amitie entre les peoples expressed its concern about the reinforcement of political forces in Europe that spread ideologies of discrimination, xenophobia and racism.

DAISUKE SHIRANE, of International Movement Against All Forms of Discrimination and Racism, said the International Movement Against All Forms of Discrimination and Racism was concerned about the situation of internally displaced persons in Sri Lanka, and the capacity of the UNHCR and other United Nations agencies that provided them with aid to continue the work over the next months. It was the responsibility of the Government of Sri Lanka to defend the rights of the internally displaced persons. Around 260 million people around the world also suffered from discrimination based on work and descent. The draft United Nations principles and guidelines on this form of discrimination should be adopted as soon as possible.

JAN LONN, of International Youth and Student Movement for the United Nations, said tomorrow was the International Day for the African Child. Remembrance of the important battles against racism of the past constituted inspiration for continuing battles. That the fight against racism and the implementation of the Durban Declaration and Programme of Action was kept as a permanent item on the agenda of the Human Rights Council was testimony to the commitment of the United Nations to the fight against this phenomenon.

DANIELA MCBANE, of North-South XXI, said North-South XXI noted with concern the growing Islamophobia, particularly in Western Europe and some other parts of the world. Islamophobia was often provoked by misunderstanding of Islam and its association with political movements that resorted to radical interpretations of its teachings. Combating Islamophobia should be the responsibility of Governments and should be supported by comprehensive educational, legislative and institutional programmes, as well as legal action against individuals and groups that propagated discriminatory and Islamophobic doctrines. North-South XXI also believed that 2011 should be a year of deep engagement and reflection on the root causes of discrimination and exclusion of millions of people of African descent in many parts of the world. Today millions of people of African descent lived under conditions where their basic human rights were denied in a discriminatory manner.

KAREN PARKER, of International Educational Development, said peoples sometimes found themselves being brought together artificially in a single State. Sometimes their willingness for separation had led to a soft separation, as was the case for the Slovaks and Czechs, but sometimes in wars and bloody conflicts, as in Sri Lanka and Kyrgyzstan. While the ethnic Uzbeks who had been amassed on the Uzbek border deserved all the support they had received, one could not help but think of how such actions would have helped the Kurdish people.

BETHANY SINGER-BAEFSKY, of United Nations Watch, said United Nations Watch opposed all forms of racism and racial discrimination. United Nations Watch continued working to eradicate racism and one of their initiatives was the organization of a world congress, in which many organizations from all over the world participated. United Nations Watch thanked the Geneva authorities for their help in organising this event and called on all States to join them in this endeavour.

MAURICE KATALA, of Action internationale pour la paix et le développement dans la région des Grands Lacs (AIPD), said Action internationale pour la paix et le développement dans la region des Grand Lacs wanted to draw the attention of the Council to the worrying situation of migrants and proposed that an alternative be found to the convention, as it would never be adopted in its present form. Also, Action internationale pour la paix et le développement dans la region des Grand Lacs invited States to distance themselves from popular ideologies in their countries and to advocate against deterioration of debt relief in order to combat illegal immigration, and to fight against trans-national crime and illegal exploitation.

DAVID LITTMAN, of World Union for Progressive Judaism, said last week's blood libel accusation that was pronounced by Syria in the Human Rights Council should be denounced. This was a flagrant incident of defamation of religion and incitement to hatred, in which Zionism was equated to racism. The Council was appealed to once and for all to speak out and condemn these outrageous expressions of hatred.

Mr. W. MALUZA, of International Committee for the Respect and the Application of the African Charter on Human and Peoples' Rights, said the Durban Declaration and Programme of Action was still as current as it ever was, as the world was witnessing an unprecedented spread of racism in Europe, the United States and other areas of the world. Italy was a sanctuary for racism and racial discrimination, thanks to Sergio Berlusconi. There were still problems with blacks and foreigners in Italy. In France, the revolting statements made about Arabs in France by a Government Minister could not be condoned. In Switzerland, the Director of the Office of Migration had spoken of Nigerians as drug traffickers. The anti-minaret law revealed yet another dimension of how extensive racism was in the west. The fight against the Muslim burka was hiding hatred against Muslims and Arabs.

HILLAIRE BELL, of Cercle de Recherche sur les Droits et les Devoirs de la Personne Humaine, said Cercle de Recherche sur les Droits et les Devoirs de la Personne Humaine had been firmly engaged in the elaboration of international complementary norms and hoped that the Ad-Hoc Committee responsible for elaborating international complementary norms would examine the recommendations they had made on the topic. Cercle de Recherche sur les Droits et les Devoirs de la Personne Humaine was working so that the world conference on the duties of persons would take place and it was also working on the elaboration of a code of conduct on freedom of expression and association. Cercle de Recherche sur les Droits et les Devoirs de la Personne Humaine underlined the importance of having new norms that strengthened existing norms; only when all stakeholders understood their role would human rights and fundamental freedoms and justice, peace, and security be acquired for all.

RONALD BARNES, of Indian Council of South America, said the United States had yet to address the institutional racism against indigenous peoples. The Papal Bulls Decree and the discovery of America were principles that were used by the potentates of Europe to declare them inhuman and therefore fair game for extermination. The Durban Review Conference condemned crimes against humanity, genocide and apartheid, but did not create a process for beginning to approach those issues so they could apply to indigenous peoples. The severe discrimination, resulting in the doctrines of superiority, remained firmly based in American law, as well as in Canada, in the Western Hemisphere, and around the world.

DAVID LITTMAN, of Association for World Education, said that the Association for World Education had heard a lot about the dialogue of civilisations and was struck by the reality that could regularly be seen on the television, and what was going on about Judeophobia. There were no Jews left in the Arab world and the Association for World Education had always said that now was the turn for Christians to suffer. It was time to hear the truth about complementary standards and what was happening and it would be a good thing if this Council finally did something.

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For use of the information media; not an official record

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