Human Rights Council holds interactive dialogue with the Special Rapporteur on racism and Working Group on people of African descent

MORNING

16 June 2010

The Human Rights Council this morning held an interactive debate with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, as well as with the Working Group of Experts on people of African descent.

Githu Muigai, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, said racism, racial discrimination, xenophobia and related intolerance were among the root causes of many internal and international conflicts, and were also very often one of its consequences. His report examined how conflict and racism, racial discrimination, xenophobia and related intolerance interrelated. Since the impact of these scourges could vary depending on the stage of the conflict, he had focused on three situations, namely before, during and after a conflict. Socio-economic discriminatory practices targeting members of specific groups of the population could contribute, in the long run, to the triggering of tensions or conflict along group lines - as such, ensuring equal access to economic, social and cultural rights for all was an effective way through which a State could prevent and address the eruption of tensions or conflict. Hate speech, based on racist ideology, tended to create a culture of victimisation or to dehumanise certain categories of persons perceived to be less equal.

Speaking as concerned countries were Germany and the United Arab Emirates.

In the course of the interactive dialogue on racism, speakers said that the Durban Declaration and Programme of Action remained a piece of paper and the world was still witnessing racism, racial discrimination, xenophobia and related forms of intolerance. Speakers therefore reaffirmed their commitment to the Durban Declaration and Programme of Action and underscored the need to establish a clear delineation of the States’ obligations vis-à-vis societal processes of communicating and constructing ideas and identities. A speaker welcomed the Special Rapporteur’s recommendation to handle the concept of national identity in an inclusive manner but regretted that he had touched an unrecognised concept that did not enjoy consensus within the United Nations system.

Verene Shepherd, Chair of the Working Group of Experts on people of African descent, said at its ninth session, the Working Group had engaged in a thematic discussion on “Structural Discrimination against People of African Descent in Education, Health and Justice” and discussed the collection of disaggregated data as a tool in fighting structural discrimination. Other critical issues discussed included the tenth anniversary of the Durban World Conference against Racism and the implementation of the Durban Declaration and Programme of Action. The Working Group had further drafted its recommendations on how the International Year for People of African Descent could be commemorated. The coincidence of this International Year with the tenth anniversary of the Durban Conference provided an opportunity to ensure that the issues contained in the Durban Declaration and Programme of Action be given attention.

In the course of the interactive dialogue, speakers supported the recommendation of the Working Group to adopt a holistic approach to education, justice, access to housing, and reducing cycles of poverty affecting Africans. They encouraged the Working Group to continue to focus on concrete initiatives and said it should give more information about training initiatives that were believed to be making a real impact. Speakers further said strong and regionally balanced attendance of non-governmental organizations representing people of African Descent was needed at the next session of the Working Group in 2011 and expressed their full support for the commemoration of the Year of People of African Origin.

Speaking in the context of the interactive discussion were the European Union, African Union, Libya, Armenia, Pakistan on behalf of the Organization of the Islamic Conference, Indonesia, Algeria, Nigeria on behalf of the African Group, the Russian Federation, Jamaica, Cuba, the United States, Brazil, Sudan, Norway, Senegal, Azerbaijan, France, Sweden, China, Sudan on behalf of the Arab Group, South Africa, Egypt, and Côte d’Ivoire.

The representatives of the following non-governmental organizations also took the floor: German Institute for Human Rights, International Youth and Student Movement for the United Nations, Mouvement contre le racisme et pour l’amitié entre les peuples, United Nations Watch, Interfaith International and Indian Movement “Tupaj Amaru”.

Speaking in a right of reply was Israel.

The Council will next meet at 3 p.m. today when it will hold an interactive debate with the Independent Expert on the situation of human rights in Haiti and hold a general debate on technical assistance and capacity-building.

Documentation

The Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Githu Muigai (A/HRC/14/43) analyzes how racism, racial discrimination, xenophobia and related intolerance may act as factors contributing to the triggering of tensions or acts of violence, examines how hate speech based on racist ideology may exacerbate and aggravate violence perpetrated against certain individuals or groups of individuals in situations of conflict, refers to the mandates of various missions by the United Nations and to peace agreements in order to examine some crucial requirements for a lasting peace, and outlines conclusions and recommendations.

Communications to and from Governments (A/HRC/14/43/Add.1) is a summary of communications sent to and replies received from governments and other actors in the preparation of this report.

Mission to Germany (22 June – 1 July 2009) (A/HRC/14/43/Add.2) details the extensive meetings the Special Rapporteur had with authorities from the executive, legislative and judicial branches, including at the Länder and municipal levels, as well as representatives of civil society organizations that are active in the realm of racism and xenophobia, associations representing minority groups and religious communities, and individual victims of racism, racial discrimination, xenophobia and related intolerance. It also includes several recommendations from the Rapporteur.

Mission to the United Arab Emirates (4 to 8 October 2009) (A/HRC/14/43/Add.3) addresses issues related to the definition of the Emirati national identity and the granting of citizenship; the living and working conditions of unskilled foreign workers, in particular construction and domestic workers; the vulnerable situation of stateless persons; human trafficking; the educational policy; and the legal and institutional human rights framework to fight racism, racial discrimination, xenophobia and related intolerance. It also includes several recommendations from the Rapporteur.

The Report of the Working Group of Experts on People of African Descent on its ninth session (A/HRC/14/18) provides a summary of the ninth session of the Working Group of Experts on People of African Descent, where the experts engaged in a thematic discussion on structural discrimination against people of African descent. The Working Group also discussed possible activities in the context of the 2011 International Year for People of African Descent, which was declared by the General Assembly in its resolution 64/169.

Presentation of Reports on Racism and Racial Discrimination, and on People of African Descent

GITHU MUIGAI, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, presenting his annual report, the report on the inadmissibility of certain practices that contributed to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance, country reports on Germany and the United Arab Emirates, and a communications report, said racism, racial discrimination, xenophobia and related intolerance were among the root causes of many internal and international conflicts, and were also very often one of its consequences. The report examined how conflict and racism, racial discrimination, xenophobia and related intolerance interrelated. Since the impact of these scourges could vary depending on the stage of the conflict, he had focused on three situations, namely before, during and after a conflict. Socio-economic discriminatory practices targeting members of specific groups of the population could contribute, in the long run, to the triggering of tensions or conflict along group lines - as such, ensuring equal access to economic, social and cultural rights for all was an effective way through which a State could prevent and address the eruption of tensions or conflict. Hate speech, based on racist ideology, tended to create a culture of victimisation or to dehumanise certain categories of persons perceived to be less equal. In order to ensure lasting and sustainable peace and reconciliation, it was essential to ensure that the root causes of a conflict were appropriately addressed to avoid the resurgence of tensions and violence. Peace agreements and peacekeeping missions played a key role in addressing the root causes of a conflict, including those related to racism, racial discrimination, xenophobia and related intolerance.

The Special Rapporteur visited Germany from 22 June to 1 July 2008. During his visit, he observed three key areas of progress in the fight against racism in Germany. Despite important progress, a number of challenges remained to be met; in particular two critical areas deserved immediate attention. While racism in Germany had traditionally been equated with right-wing extremism, there should be a broadening of the understanding in practice of racism, to take into account the changes that had occurred, including the arrival of a large number of migrants. Local Governments should also have effective legal and institutional frameworks to fight racism. Further recommendations included the situation of specific communities and the situation of refugees and asylum-seekers.

The Special Rapporteur visited the United Arab Emirates from 4 to 8 October 2009. This was a unique country where non-nationals represented the vast majority of the population, and in the past few decades, the influx of foreign workers had created tremendous challenges for the Emirati society, in terms of national identity, social integration and absorption capacity. While the Government had taken commendable initiatives to address some of the numerous challenges, much remained to be done. The Government should take the necessary steps to address the very vulnerable situation of unskilled foreign workers, and priority should also be given to finding an equitable solution to the situation of stateless individuals. The Government should revise some of the constitutional provisions restricting certain human rights to Emirati nationals.

Finally, with regard to communications, during the reporting period the Special Rapporteur had transmitted 14 communications to 12 Governments and received 8 replies, and he urged all States to respond to communications in a timely and substantive manner.

VERENE SHEPHERD, Chair of the Working Group of Experts on People of African Descent, said at its ninth session, the Working Group had continued to follow its long-standing methodology of examining a theme of particular relevance to people of African descent. On that occasion, the Working Group had engaged in a thematic discussion on “Structural Discrimination against People of African Descent in Education, Health and Justice”. As a follow-up to last year’s concerns, the ninth session had also discussed the collection of disaggregated data as a tool in fighting structural discrimination. The other critical issues discussed were the tenth anniversary of the Durban World Conference against Racism, and the implementation of the Durban Declaration and Programme of Action, and other core aspects of the mandate of the Working Group. The presentations had been diverse in perspectives and methodologies, wide-ranging in content and had been delivered using a variety of personal styles, but rigorous research and analysis, passion and conviction had been the unifying hallmarks.

Ms. Shepherd went on to say that in its Resolution 64/169, the General Assembly had proclaimed the year beginning on 1 January 2011 as the International Year for People of African Descent. Consequently, the Working Group had drafted its recommendations on how that year could be commemorated. The coincidence of this International Year with the tenth anniversary of the Durban Conference provided an opportunity to ensure that the issues concerning the well-being of Africans and people of African descent contained in the Durban Declaration and Programme of Action be given attention. In conclusion, the ninth session of the Working Group on people of African descent had provided an opportunity for a rich discussion on structural discrimination against people of African descent, as well as for the interaction of representatives from States, civil society, and the Working Group, all working towards a common cause – equity justice and development for people of African descent. Ms. Shepherd firmly believed that, with the collaboration of all stakeholders, especially States which had the mechanisms to implement the recommendations and the plan of action for 2011, as well as the Durban Declaration and Programme of Action, the Working Group would be able to fulfil its articulated mandate and continue to make an important contribution to the fight against racism, racial discrimination, xenophobia and related intolerance as directed against people of African descent.

Statements by Concerned Countries

MARKUS LONING (Germany), speaking as a concerned country, said Germany had welcomed the visit of the Special Rapporteur on racism and said it was a policy principle for Germany to extend standing invitations to all United Nations Special Rapporteurs. The visit had provided a good opportunity to invigorate the discussion in Germany about the achievements and challenges in efforts to fight racism, racial discrimination, xenophobia and related intolerance. The visit also showed the added value of United Nations Special Procedures in the effective promotion and protection of human rights. There was an ongoing discussion in Germany about the appropriate definition of “racism” which, given German history, was a very sensitive issue that must be handled very carefully. Germany did not agree with the suggestion for a proprio motu investigation right for the anti-discrimination agency, and said it was more important to strengthen the infrastructure that was already there and the way for Germany was to improve the ability of the judiciary to deal with racism. Furthermore, Germany was very grateful for the Special Rapporteur’s advice concerning the representation of persons with migration background in public institutions, as it might be a key aspect to further integrating citizens with migration background in the society. Concerning the remarks on religious symbols, Germany said that the Federal Court had made a ruling in the matter in which it said that all religious symbols must be treated in the same way. Germany then emphasized its commitment for continued active engagement in the global fight against racism and discrimination, and said that the support for the international efforts continued to be a priority of German human rights policy.

OBAID SALEM SAEED AL ZAABI (United Arab Emirates), speaking as a concerned country, said the Special Rapporteur had had the opportunity of meeting with members of all Governmental authorities in the country at all levels, and meeting with members of civil society and representatives of non-governmental organizations that were active in the field of fighting racism and racial discrimination in order to strengthen the principles of human rights. The professionalism shown by the Special Rapporteur during his visit was praised and his valuable work was most welcome. The United Arab Emirates considered the challenges mentioned as greatly important in its efforts to fight racism and racial discrimination in all areas, such as in the areas of justice, the judiciary, religious freedoms, social and health care, employment and human trafficking. The Special Rapporteur mentioned in his report that the United Arab Emirates had achieved a great accomplishment in the legal and institutional framework, but it still realised that it had a long way to go, and, in this connection, they wished to assure the Council that since the issuance of the report, it had been disseminated to all relevant Governmental institutions, in order to make them fully aware of its content and be able to benefit from it when laying down policies and programmes. The motives behind some conclusions and recommendations such as the national identity and nationality rights were fully understood. The State of the United Arab Emirates had a clear-cut vision and firm belief that it was its absolute right to deal with these issues from a national perspective. None of these issues raised in the report of the Special Rapporteur were new to the United Arab Emirates, and it was dealing with them, as shown in its Universal Periodic Review at the end of 2008. A special and permanent committee had been established by the Government, including members of civil society, to follow-up the Universal Periodic Review report.

General Debate on Racism and Racial Discrimination

JOELLE HIVONNET (European Union) said the mandate of the Special Rapporteur on racism was a very important one for the European Union, and the European Union looked forward to continuing a constructive, open and fruitful cooperation with him. The European Union particularly welcomed the analysis of how racism, racial discrimination, xenophobia and related intolerance and conflict interrelated since that theme had never really been addressed. The European Union agreed that consolidating democracy, the rule of law, and democratic governance were essential to avoid tensions and avert laying the ground for racism. The report of the Special Rapporteur further justly stressed that the identity of each individual was made up of a multitude of components. That was directly related to the issue of multiple forms of discrimination - did the Special Rapporteur consider studying that more deeply in one of his next reports? The Special Rapporteur was also asked to elaborate on the specific institutional framework he would advise States to establish to better implement his recommendations. The European Union also asked whether Mr. Muigai envisaged cooperating more closely with the Independent Expert on minority issues, the Committee on the Elimination of Racial Discrimination, and the Special Advisor to the Secretary-General on the Prevention of Genocide as part of the follow-up he might give to his report.

KHADIJA RACHIDA MASRI (African Union) said any form of discrimination had negative effects on the enjoyment of civil, political, economic, social and cultural rights of victims of discrimination. The Durban Declaration and Programme of Action affirmed that racism, racial discrimination, xenophobia and related forms of intolerance were an obstacle in friendly relations between people and nations and were one of the root causes of numerous international and international conflicts. For obvious historic reasons, the Member States, the Commission and African people attached great importance to the fight against racism and racial discrimination and remained convinced that racial hatred remained among the root causes of many conflicts in Africa. Tackling the scourge of racism was an absolute priority for the continent. Racism was one of the causes of genocide, ethnic cleansing and war crimes. The African Union had a right to intervene in Member States in contexts of war crimes and crimes against humanity. It had an early warning system for conflicts that might lead to crimes of genocide. The year 2011 was an extraordinary opportunity to highlight the situation of people who suffered from racial and any other discrimination on a daily basis. It was also an opportunity to establish positive action to alleviate the suffering of people. The African Union concluded by saying that combating racism, racial discrimination, xenophobia and related forms of intolerance could only be effective if efforts of all were multiplied at national, regional and international levels.

ADEL SHALTUT (Libya) said Libya reaffirmed its commitment to the Durban Declaration and Programme of Action. Since the discussion was about racism, today was the Day for the African Child - on this day, since 1976 when the forces of the racial segregation in South Africa killed hundreds and wounded thousands of schoolchildren in Soweto, this Day had been celebrated. However, the struggle against apartheid continued until it was crushed, but racism was still being applied to the Palestinian people by the racist Israeli forces. A careful reading of the report by the Special Rapporteur gave rise to the following comments: it was a detailed description of the relationship between racism and conflict, but it did not address the relation between racism and occupation. Israel's occupation of the Occupied Palestinian Territories and other Arab territories was based on racism. Nowhere did the report raise the issue of racial discrimination and incitement to hatred against Muslims through attempts to distort the picture of Islam through relating it to terrorism, and making insults against the Holy Prophet in the media, particularly in certain Western European countries alleging freedom of expression. This latter was not an absolute right, as all knew. The report, in paragraph 13, addressed an issue that was rejected by many countries in the world, and a number of cultures and religions, and which was not referred to in the Durban Declaration and Programme of Action. This was a dangerous precedent, and the Special Rapporteur should not refer to this issue in any future reports under this item.

VAHEH GEVORGYAN (Armenia) said Armenia commended the Special Rapporteur for his innovative approach to examine the root causes of racism, racial discrimination, xenophobia and related intolerance in three different dimensions, namely as debates surrounding the concept of national identities, hate speech in the context of ongoing conflict, and post-conflict rehabilitation. It was true that those dimensions were mainly contextual and that particularly debates of national identity could not be examined by conventional indicators. What should be established was a clear delineation of the obligations of the State vis-à-vis societal processes of communicating and constructing ideas and identities. In Armenia’s view, the primary responsibility of States should be creating conditions for ongoing discourse on national identity through guaranteeing freedom of expression and providing the society with feedback from international cooperation. Any legal constraints involved under the name of denigrating the identity of the State would not encourage participation of various minority groups and may serve the emergence of a rigid ideology proclaiming sanctity and immaculate history of own putative identity. Here, Armenia suggested that the Special Rapporteur identify different national laws that limited freedom of expression, particularly in the dimension of national identity discourse.

ZAHOOR AHMED (Pakistan), speaking on behalf of the Organization of the Islamic Conference, noted that the term “conflict” in the report was defined in a broad sense, to include not only armed conflict but also political or social conflict, as well as acts of violence targeting specific groups of the population. The report rightly pointed out that racism, racial discrimination, xenophobia and related forms of intolerance were often root causes of conflict and violence among certain individuals and groups of the population. The Organization of the Islamic Conference welcomed the recommendation to handle the concept of national identity in an inclusive manner, but regretted the fact that, while explaining the notion of identity, the Special Rapporteur had touched an unrecognised concept that did not enjoy consensus within the United Nations system. Pakistan concurred with the report’s conclusion that socio-economic discriminatory practices targeting specific individuals and groups of individuals resulted in conditions for a highly polarised society and might contribute to the triggering of tensions, acts of violence or conflict along group lines. While appreciating the views of the Special Rapporteur, the Organization of the Islamic Conference believed that the Special Rapporteur should emphasize contemporary manifestations of racism, racial discrimination, xenophobia and related forms of intolerance prevailing in different parts of the world, particularly in the western societies. The Organization of the Islamic Conference attached immense importance to the mandate of the Special Rapporteur on racism and said it believed that racism and racial discrimination were among the core concerns in the present-day human rights discourse.

BENNY YAN PIETER SIAHAAN (Indonesia) said as a diverse, multi-cultural nation and a staunch supporter of the principles enshrined in the Durban Declaration and Programme of Action, Indonesia recognized the crucial importance of keeping racism, racial discrimination, xenophobia and related intolerance high on the international agenda. Indonesia appreciated and concurred with the findings of the Special Rapporteur which stated that racism, discrimination and intolerance were too often elements of conflict. This had been true throughout history and was still relevant today with ethnic and religious violence still provoking tragic confrontations between allies, friends and neighbours throughout the world. Over the past decade, there had unfortunately been an increasing rise in discrimination and hostile sentiments towards Muslim communities throughout the world. Racial bias, stereotyping and scaremongering did nothing to create the secure and fair society to which all aspired. In this regard, Indonesia supported the recommendations made by the Special Rapporteur concerning the need for accountability and responsibility on the part of Governments. It was the duty of States to ensure that citizens were afforded equal rights and respect under both the law and within their own communities - in the same way, Governments should ensure that national educational systems promoted tolerance, respect, and a healthy curiosity about all different cultures, religions and ethnicities.

NADIA LAMRANI (Algeria) said Algeria thanked both Mr. Muigui and Ms. Shepherd for their reports. With regards to the report of the Special Rapporteur on contemporary forms of racism, Algeria had noted with interest the reference to the debate on national identity. Algeria was of the view that it was necessary to guard against the negative impacts that debate could have; it could indeed encourage xenophobia and result in the de-humanization of people. The risks of racist ideologies, sharpening conflicts into genocide, reminded that populations must be protected against this form of violence. Turning to the Working Group of Experts on people of African descent, Algeria congratulated the Working Group on its discussions, particularly those related to education and the field of justice. Algeria fully supported the Working Group’s recommendation to adopt a holistic approach to education, justice, access to housing, and reducing cycles of poverty affecting Africans.

OSITADINMA ANAEDU (Nigeria), speaking on behalf of the African Group, said the African Group believed in the necessity of stamping out racism and had therefore supported the creation of the mandate of the Special Rapporteur on racism. The African Group was concerned about the definition of victims of racism in the report, as well as the relationship between racism and conflict that were outlined in the report. The Durban Declaration and Programme of Action must remain the framework for the work of the Special Rapporteur and it was regrettable that he had departed from it. The African Group noted the debate surrounding the so-called national identity and also took note of the responsibility to protect, and said it was imperative to further develop this. The African Group emphasized that the main elements that had been left out from this report must be addressed in the next one. Early warning systems for racism and racial discrimination were important for any sort of response. The African Group commended the work of the Working Group on people of African descent and supported the involvement of civil society in the celebrations of the year 2011 which had been declared the Year of People of African Descent.

EVGENY USTINOV. (Russian Federation) said the Russian Federation welcomed the work conducted by the Special Rapporteur on contemporary forms of racism and racial discrimination to implement the General Assembly's resolution on the unacceptable nature of certain practices that could escalate certain forms of racism, racial discrimination, xenophobia and related intolerance. Steps taken by States to combat the escalation of contemporary forms of racism were interesting. Inter-cultural cooperation was an important tool to prevent racism in society and inculcating tolerance was important early on, and helped to destroy unacceptable social norms, and create a society based on tolerance, plurality, and respect of others. Biased versions of historical events in textbooks and other teaching materials and the celebration of dubious historical events could have an impact on tensions in society. The Special Rapporteur intended to present updated information on the way in which resolution 63/162 of the General Assembly was implemented, and the Russian Federation looked forward to this.

ANDREA DUBIDAD-DIXON (Jamaica) said Jamaica commended the Working Group of Experts on people of African descent for the work it had undertaken since its last session, most notably the country visits to Ecuador and the United States. Further, Jamaica had taken due note of the discussions at the ninth session on structural discrimination of people of African descent, in particular in the areas of health, education and the administration of justice. Jamaica supported the conclusions and recommendations emanating from the Working Group which sought to address that issue, and encouraged Member States to implement these recommendations accordingly. The Jamaican delegation also welcomed the decision of the General Assembly to designate the year beginning on 1 January 2011 as the International Year of People of African Descent. It welcomed the proposals put forward by the Working Group on how to commemorate that year and looked forward to their adoption by the Council.

MARIA DEL CARMEN HERNANDEZ (Cuba) said Cuba welcomed the decision of the General Assembly to declare 2011 as the International Year of People of African Descent. Despite their promises, the Durban Declaration and Programme of Action remained a piece of paper, and the world was still witnessing racism, racial discrimination, xenophobia and related forms of intolerance. Associations and political parties were still being set up with racist platforms, while anti-terrorist laws and policies continued to be adopted. Cuba wanted to hear the views of the Special Rapporteur on the adoption of laws on migrants by some States, views on manipulation of racism and racist sentiments for political benefits, and views with regard to existence of organizations promoting xenophobic sentiments and whether they should be prohibited by law. Cuba concluded by reiterating its appreciation for the work of the Special Rapporteur and clarified that there was still no agreement or specific consensus on the definition of “responsibility to protect”.

EILEEN CHAMBERLAIN DONAHOE (United States) said the United States was pleased to receive the Working Group on persons of African descent earlier this year, and viewed their visit as an opportunity to learn from the members' broad experience and to have an honest conversation about the successes and challenges of domestic integration and advancement of persons of African descent in the country. The United States encouraged the Working Group to continue to focus on concrete initiatives to improve the lives of persons of African descent, and welcomed the Group's focus on the importance of training. The Working Group should give more information about training initiatives of other Governments that they believed to be making a real impact. The United States welcomed the focus of the Special Rapporteur on racism, racial discrimination, xenophobia and related intolerance's report on the intersection between conflict and racism and appreciated his recommendations, in particular his comment that "in most cases where the media offered a great variety of views and opinions, it was more likely that racist or nationalist ideology would have a more limited impact on the population". A free and independent media was a vital element in any democracy. It was the responsibility of Governments to create, both within countries and between countries, an environment that supported and encouraged freedom of expression.

MARTUS CHAGAS (Brazil) said people of African descent represented more than 50 per cent of the Brazilian population and more than 70 per cent of its socio-economically vulnerable population. Combating that clear distortion was one of the Government’s key objectives and authorities had spared no efforts to increase racial and social inclusion through broad social policies and affirmative action policies. Since 2003, more than 30 million Brazilians had reached middle-class. Considering that the majority of the country’s poor population were African descendants, they were the main beneficiaries of that class-ascension. Turning to Mr. Muigai’s report, Brazil agreed that questions related to racism and discrimination must be addressed to consolidate peace and to prevent repetition of conflicts. Peace-building must be sought through the development of comprehensive polices that not only encompassed the strengthening of political institutions and the rule of law, but also sustainable economic development and social inclusion.

HAMZA OMER HASSAN AHMED (Sudan), speaking on behalf of the Arab Group, said that this report addressed some of the most important issues, such as tools for early warning systems for racism and racial discrimination. The Arab Group agreed with the Special Rapporteur regarding the use of the term “national identity”, which if used incorrectly, might create tensions and a state of conflict. Social and economic discrimination practices against individuals and groups also created tension and violence in the long term, and this could be seen in some parts of Europe in the case of migrant workers. Racism, racial discrimination, xenophobia and related forms of intolerance were growing. The Arab Group was concerned about the new forms of racism, namely Islamophobia, which was growing, particularly in the countries of the north. Racism and racial discrimination were obstacles to peaceful and friendly relationship between people and nations. The Arab Group emphasized the crucial role that the media could play in the prevention of racism and racial discrimination and said it was not acceptable to use freedom of expression in inciting racism. The Arab Group noted the racism of Israel against the Occupied Palestinian Territories, including the building of the separatist wall which was a barrier on religious and ethnic basis. The Arab Group praised the work of the Working Group on people of African Descent and expressed its full support for the commemoration of the year 2011 as the Year of People of African Origin.

GEIR SJOBERG (Norway) said the Special Rapporteur had produced a relevant and useful report - the substance as well as the many conclusions and recommendations would be useful to Governments, the General Assembly, and regional organizations. Respect for human rights was the strongest pillar for national security and democracy, and should not depend on ideological or political convenience. The struggle against racism and racial discrimination should be an objective for Governments, as racism could lead to hatred, violence, full-blown crimes against humanity and genocide. Minorities across the world were subject too often to threats and discrimination, and found it difficult to participate in the cultural and economic lives in the societies in which they lived. The role of the media was essential - State actors should ensure that minorities were present in all areas of public life, including in State institutions. The media should disengage from negative stereotypes of groups and individuals and from incitement to hatred. The early warning signs of racism, racial discrimination, xenophobia and related intolerance included by the Special Rapporteur were welcome, as they would allow States to address adequately issues related to racism in post-conflict situations. How could these recommendations be most effectively followed up in the Human Rights Council, Norway asked the Special Rapporteur.

ABDUL WAHAB HAIDARA (Senegal) said Senegal thanked the Special Rapporteur on contemporary forms of racism for his contribution to the analysis of the link between racial and ethnic discrimination and conflicts. That subject indeed required profound reflection due to its importance and complexity. While Mr. Muigai’s analysis was not exhaustive, it could lead to a useful exchange of views. On this, Senegal would be interested in any examples of good practices to encourage understanding between communities. The observed trend of spreading banalisation of racism and xenophobia, and their instrumentalisation for political ends were of great concern to Senegal. What specific measures could be implemented to reverse that trend, Senegal asked the Special Rapporteur. Senegal also reiterated its support to the Working Group of Experts on people of African descent. It was Senegal’s wish that the celebration of the International Year for People of African Descent gave new impetus to promoting their equality and their enjoyment of social justice.

HABIB MIKAYILLI (Azerbaijan) said that the Durban Declaration and Programme of Action stipulated that racism, racial discrimination, xenophobia and related forms of intolerance were among the root causes of armed conflicts and very often one of its consequences. The calls to expel or annihilate a minority in order to create a mono-ethnic society were still heard today. Azerbaijan regretted that civilians were still suffering from ethnic cleansing, war crimes and crimes against humanity stemming from racist and nationalist policies. Human rights violations committed during a conflict should be punished, and this was important for reconciliation. States should take all appropriate measures to redress socio-economic discrimination in accordance with the Convention. The concept of national identity must be handled in an inclusive manner. Azerbaijan supported the view of the Special Rapporteur about the negative role of the revival of old histories and myths in creating and exacerbating tensions between different communities. Political manipulation of historical events used by racist and nationalist circles posed a great danger for peace, security and peaceful coexistence of ethnic groups.

JEAN-BAPTISTE MATTEI (France) said the subject chosen by the Special Rapporteur, the correlation between racism, racial discrimination and conflict, was of fundamental importance. The report demonstrated how racism and racial discrimination could be factors of tension, and could help to trigger conflicts. The Special Rapporteur had formulated recommendations, which should be considered as contributions towards protecting populations from genocide, war crimes, ethnic cleansing and crimes against humanity. The responsibility to protect had been agreed on five years ago by the General Assembly with the concurrence of all Heads of State and Government. The responsibility to protect had a preventative aspect, and France was in favour of the establishment of an effective early-warning mechanism. In addition to the operational measures in the report, the implementation of the responsibility could lead to collective action being taken under Chapter 7 of the United Nations Charter, France believed. How could the United Nations coordinate its activities in order to develop a unique tool for analysis, allowing identification of factors that were important elements leading to ethnic conflicts and genocide.

CARINA MARTENSSON (Sweden) said Sweden commended the comprehensive and multi-disciplinary manner in which the Special Rapporteur on contemporary forms of racism had approached the topic of how racism, racial discrimination and conflict interrelated. Sweden had taken note that, while inculcating a feeling of national unity, individuals, who were made up of a multitude of components, should not be compelled to choose sides or to organise the different components of their identity into a hierarchy. In terms of early warning signs, the Special Rapporteur had referred to the already existing key indicators. However, Sweden was of the view that despite those, and other improvements in terms of multi-lateral capacities, the implementation of the responsibility to protect was far too often lacking. What could be done for the United Nations and Member States to use the indicators mentioned in the report, as well as other early warning tools, to further the links between early warning and action and prevent the outbreak of conflict and serious violations of human rights and humanitarian law?

LUO CHENG (China) said China appreciated the big efforts of the Special Rapporteur on racism and the Working Group on people of African descent. Racism, racial discrimination, xenophobia and related forms of intolerance remained rampant and new forms were showing up. Association of terrorism with certain peoples had increased hatred of some people and had negatively impacted security and stability. All States must be aware of the threat and the harm that racism could have for human rights. China would always support the Special Rapporteur on racism and the Working Group on people of African descent in combating racism, racial discrimination, xenophobia and related forms of intolerance and protecting people of African Descent.

ZEHOR HASSAN MOHAMMED (Sudan) said with regard to the report of the Special Rapporteur, Sudan reaffirmed its importance, and believed that racism and xenophobia must be addressed through the Durban Declaration and Programme of Action. However, there was no reference to sex-based discrimination in the latter- the Programme of Action mentioned refugees and migrants, including Palestinian refugees, Roma gypsies, and other groups that were not mentioned in the report which focused on the responsibility of States. The recommendations of the Working Group were approved, to the extent that persons of African descent suffered discrimination that was exacerbated by colonialism and trafficking. Given the Millennium Development Goals, the Working Group should say what it planned to do in interaction with various agencies to develop educational policies for persons of African descent. Did the Chair think the Millennium Development Goals could be achieved in the absence of commitments by donors in the areas of education, for example, Sudan asked.

ANTHONY SEDWYN (South Africa) said today South Africa was celebrating Youth Day. That day remained significant in South Africa’s history as a day in which youth had met with the most brutal and violent face of racism and racial discrimination and South Africa was committed to eradicate those scourges. On another point, South Africa appreciated the important work being carried out by the Working Group on people of African descent and assured it of South Africa’s continued support and cooperation. As for the work of the Special Rapporteur on contemporary forms of racism, South Africa would appreciate receiving more information on how best to ensure that warring factions abided by the principle of non-discrimination and international human rights norms and standards. South Africa would also appreciate Mr. Muigai’s view on combating the numerous incidents of hate speech and incitement to racial, ethnic and religious hatred in spite of the clear provisions of existing international human rights norms and standards in the area of racism.

AHMED IHAB GAMALELDIN (Egypt) said that the Special Rapporteur on racism had chosen a very important topic for his report. Egypt believed that racism, racial discrimination, xenophobia and related forms of intolerance could be a root cause of armed conflicts. Egypt would have appreciated a more thorough interpretation of recent conflicts, particularly in Europe, in order for the Council to take measures to prevent repetition of recent sad history. The repetition of conflicts in various areas, including in Europe, and more than 50 years later, was a source of fear for Egypt. All States should address early signs and ensure that the repetition of conflict did not happen. People of Arab origin faced new forms of racism, racial discrimination, xenophobia and related forms of intolerance in Europe and experienced discrimination and marginalisation. Egypt wanted to hear the views of the Special Rapporteur if those manifestations were the results of legislative and policy gaps, and what the best ways were to address problems to avoid the escalation. With regard to national identity Egypt said that if not properly handled, it could become a source of great tension and even conflict. Egypt called on the Special Rapporteur on racism to restrict himself to internationally agreed concepts in the future.

JOEL LANCINE BAMBA (Côte d'Ivoire) said the approach used in paragraph 9 of the report by the Special Rapporteur where it referred to his predecessor's report on the mission to Côte d'Ivoire in 2005 appeared to be an appropriate analysis. At the time the report was submitted, Côte d'Ivoire had reacted and said that it required adjustments with regard to the tendentious interpretation of the concept of "Ivoirité", which was based on cultural notions, designed to promote national culture, free of any exclusion. At the time of the Universal Periodic Review on Côte d'Ivoire, the delegation had précised the origins and features of this concept. Côte d'Ivoire deplored the amalgamation made of this concept, and remained open to any visit that the Special Rapporteur would wish to make to determine the real situation in Côte d'Ivoire, which remained one of the most open countries in the world, with more than 26 per cent foreigners on its soil.

KATHARINA ROSE, of German Institute for Human Rights, welcomed the comprehensive, balanced and elaborate report of the Special Rapporteur on his mission to Germany. Despite efforts made in the last years, one of Germany’s central problems in effectively fighting racism was the narrow understanding of racism. In line with Germany’s international obligations, a comprehensive understanding of racism should be adopted, encompassing direct, indirect and structural forms of discrimination. Such a broader understanding had yet to fully permeate the Government and other relevant institutions. The German Institute for Human Rights further endorsed Mr. Muigai’s recommendations that it was necessary to identify and recognise the situation of specific communities, that the rights of asylum seekers must be protected as a whole, and that the Federal Anti-Discrimination Agency should be strengthened.

GLENDA LOEBELL-RYAN, of International Youth and Student Movement for the United Nations, said the report of the Working Group on people of African descent was the result of a productive dialogue where views of non-governmental organizations (NGOs) had been listened to and positively been taken into account. However, strong and regionally balanced attendance of NGOs that represented people of African Descent was also needed at the next session of the Working Group in 2011. What measures had the Working Group taken to consult with the High Commissioner’s Office to secure the participation of such NGOs, and what measures had been taken to support the Working Group’s activities during the International Year for People of African Descent?

GIANFRANCO FATTORINI, of Movement against Racism and for Friendship among Peoples, said the Mouvement contre le racisme et pour l’amitié entre les peuples agreed with the analysis of the Special Rapporteur on racism that adoption of legislative measures alone could not prevent the phenomena of groups or political parties founded on racial superiority, incitement to racial hatred or incitement to acts of violence against specific groups of persons. The implementation of national plans of action prescribed by the Durban Declaration and Programme of Action was the only political act that would demonstrate the commitment of States to combating racism. Measures aimed at educating the youngest members of society were far too rare and far too rarely supported by public administration. The recent sentencing in France of the Minister of Interior for racial insults demonstrated the problem of widespread phenomenon of xenophobic and racist discourse by public officials.

LISA LEVY, of United Nations Watch, said that the Human Rights Council had recently adopted a resolution expressing its concern about the role of the media in racism and incitement to racial hatred. United Nations Watch asked if the Special Rapporteur on racism had noted anti-Semitic caricatures in the media in some countries, and particularly in the State-controlled media in the Middle-East. All those portrayed Jews using classic stereotypes and attacked the Jewish religion and believers. United Nations Watch called on the Special Rapporteur to examine as a matter of priority, these incitements to religious hatred in countries that had supported the above-mentioned resolution.

NNEKA HALIM, of Interfaith International, said since the end of the Durban Review Conference in April 2009, several events had taken place which had contributed to increased hatred, discrimination, exclusion and intolerance in several countries. 2011 was the International Year of Afro Descendant People, and this was a praise-worthy initiative of the General Assembly. At the last session of the Working Group of Experts on persons of African descent in April, the discussion was centred on the administration of justice, media, health, unemployment, racism and housing, poverty, children and racial profiling; these important themes showed the interest which the different institutions had on the question of discrimination against persons of African descent. The year 2011 should be a year of rights and obligation of remembrance to restore the dignity of all the persons of African descent all over the world.

LAZARO PARY, of Indian Movement “Tupaj Amaru”, said 10 years after the World Conference in Durban, racism, racial discrimination, xenophobia and related intolerance continued to afflict those in conditions of vulnerability, and new forms and practices of racial discrimination had taken on dramatic proportions in a great crusade to combat terrorism. The world had submitted to a spiral of violence, chaos, organised crime, financial fraud, disorder, anarchy and insecurity, which were real threats to peace. The victims on different continents had placed great hopes in the Durban Conference and in the Durban Review Conference, but were disappointed at the lack of political will of States in combating racism, the lack of which had made it impossible to establish the historical truth on colonialism, including the crusade to exterminate indigenous peoples, slavery, and forced labour. Governments were far from eliminating the racial scourge. There should be compensation for the victims of racism, as crimes against humanity were not subject to a statute of limitations.

Concluding Remarks

GITHU MUIGAI, Special Rapporteur on racism, racial discrimination, xenophobia and related forms of intolerance, said that due to the lack of time, he would address only three of the comments received from the delegations today, but also said that this did not mean that other comments were not as important. Mr. Muigai said that ensuring that early warning systems translated into effective interventions to stop conflicts that would otherwise spiral out of control was the most pertinent issue of our day. Before the Rwandan genocide had taken place, the Special Rapporteur had visited the country and gave the first indications of what might happen. The capacity of the key actors to respond then was inexistent. The challenge today was to bring the actors together to cooperate, share experiences and develop a common framework. A critical problem in this area was funding, which prevented the Special Rapporteur from attending meetings or continuing cooperation with the Special Advisor to the Secretary-General on genocide. The Council should debate this issue and decide to put as many resources as possible into conflict prevention.

Some delegations had said that the report had not made sufficient references to Islamophobia and the particular treatment of Muslims in the wake of September 11, 2001. The Special Rapporteur said that such a report had already been presented at the twelfth session of the Council and the follow-up report was in the plans. Regarding the alleged statement in the report that Africa was a home to a great number of racially-related conflicts, the Special Rapporteur said that there was not a country, a region or a continent on this planet in which racism was not a continuing problem, and Africa was not an exception, but it had not been singled out in the report as a haven for racially-caused conflicts. The responsibility to protect was an example of international law that was evolving and there was no way to know in which direction it would develop. A fundamental responsibility of any State, internationally and constitutionally, was to protect its population. In conclusion, Mr. Muigai said that he considered himself to be an independent expert and in this capacity his mandate requested independence in interpretation of facts and in interpretation of law.

VERENE SHEPHERD, Chair of the Working Group of Experts on People of African Descent, said she had made note of all comments and questions, and they would be addressed in future deliberations. Today was a day of special significance for South African children, and for the remembrance of the apartheid struggle. She noted the support for the International Year, and hoped that there would be State and civil society participation. The support for conclusion number nine in the report was noted - the Working Group noted the prevalence of structural discrimination that affected persons of African descent at all stages of justice, and its far-reaching consequences in terms of education and employment among others. The Working Group called upon the United Nations to promote further discussion of the term "Afro-phobia" in its work in order to highlight the particular discrimination faced by persons of African descent. A high-level conference should be organised under the aegis of the General Assembly on the situation of persons of African descent. Regional conferences should be held on topics related to the situation of persons of African descent, and participation be encouraged. Various delegates had made critical comments and raised pertinent questions - they would be taken into consideration when the Working Group met next to plan its work for next year, and especially with regard to the International Year. The Millennium Development Goals could not be fully realised unless all States made greater financial commitments, in particular with regard to structural discrimination in education for marginalised groups in all communities.

Right of Reply

WALID ABU-HAYA (Israel), speaking in a right of reply, said with regard to remarks made earlier by Sudan, Israel regretted that the representative chose to politicise this important discussion with remarks on the Middle East conflict - he should instead address the genocide committed in Darfur. His remarks aimed to divert attention from the Darfur tragedy, and other racial and hate practices in his country and countries he was representing. The representative of Sudan had failed in that - all were aware of what was taking place in Darfur.

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