AFTERNOON

22 March 2011

Hears Presentation of Report by Chairman of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action

The Human Rights Council at a midday meeting today listened to the presentation of a report by the Chairman of the Intergovernmental Working Group on the effective implementation of the Durban Declaration and Programme of Action and held a general debate on racism, racial discrimination, xenophobia and related forms of intolerance.

Mohamed Siad Douale, Chairman of the eighth session of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, said that the mandate of the Intergovernmental Working Group offered a vital opportunity to States to engage in the struggle against racism. The agenda and programme of work adopted for the eight session followed the recommendations received during the seventh session and thus the focus was on themes of migration, employment and protection of children, exchanges on best practices and accent on national plans of action to fight racism. The tenth anniversary of the Durban Declaration and Programme of Action provided an opportunity for the Intergovernmental Working Group to work on the issues of racism, racial discrimination, xenophobia and related forms of intolerance, and the conclusions it had arrived to were reflected in the related resolution of the United Nations General Assembly.

In the general debate on racism, racial discrimination, xenophobia and related forms of intolerance, speakers said that 10 years after the Durban Conference, much still needed to be done in terms of practical steps to fight racism and religious intolerance. There was concern at the resurgence of contemporary forms of manifestations of racism, racial discrimination and intolerance, including the denigration of religions wrongly justified on the ground of the right to freedom of expression. No right was absolute and the exercise of all rights carried with it special duties and responsibilities. Intolerance and discrimination were becoming more rooted and the international community was seeing more sophisticated manifestations of this, and social exclusion or marginalization of minorities. There were millions of migrants that on a daily basis were discriminated against and there were minorities treated in a humiliating way. States had the duty to ensure the full enjoyment of human rights and fundamental freedoms without discrimination and in full equality before the law. The negative stereotyping of religions, insults to and defamation of religious personalities, holy books, scriptures and symbols impeded the enjoyment of human rights including the right to worship and to manifest religion without fear. Acts of ideological and physical violence and assaults against persons on the basis of their religion or belief were condemned and speakers underlined the need to address those disturbing instances through appropriate measures at the national and international levels.

The need to eradicate racism, racial discrimination, xenophobia, and related intolerance also remained as strong as ever. No part of the world was immune from racism. What was important was to show a genuine commitment to combat racism by acknowledging problems and by fully and effectively enforcing the existing instruments to address such problems. Speakers said that they attached great importance to all the processes pursuant to the Durban Declaration and Programme of Action which aimed to eliminate racism, racial discrimination, xenophobia and related forms of intolerance and were committed to the translation of the commitments of the Durban Declaration and Programme of Action into concrete actions. The elaboration of common standards was crucial to address gaps in current legal and normative frameworks. The tenth anniversary of the Durban Declaration and Programme of Action should focus on generating the political will to accelerate the implementation of the Durban Declaration and Programme of Action and various follow-up mechanisms. All Member States and other stakeholders were urged to make tangible commitments to the process for combating racism, racial discrimination, xenophobia and related forms of intolerance which would enable peaceful coexistence between people and nations.

On the work of the Intergovernmental Working Group on the effective implementation of the Durban Declaration and Programme of Action, speakers thanked the Chairman for the report. One speaker said there was a risk of duplication of work between the Intergovernmental Working Group and the Ad Hoc Committee on Complementary Standards. The Working Group and the Ad Hoc Committee were urged to focus on practical measures to bring the promise of the International Convention on the Elimination of all Forms of Racial Discrimination barring racism and racial discrimination to fruition. Speakers also appreciated the activities of the Special Rapporteur on racism, racial discrimination, xenophobia and related forms of intolerance and supported the draft resolution to extend the mandate of this Special Rapporteur.

Speaking in the general debate were Pakistan on behalf of the Organization of the Islamic Conference, Hungary on behalf of the European Union, Nigeria on behalf of the African Group, Egypt on behalf of the Non-Aligned Movement, Spain, Russia, United states, Cuba, Qatar, China, Ghana, Senegal, Bangladesh, Algeria, Egypt, Iran, Kuwait, Morocco, Costa Rica, Germany, African Union, Venezuela, Indonesia and South Africa.

The following non-governmental organizations also took the floor: International Association Against Torture, Ligue Internationale contre le Racisme et l’Antisemitisme, Fraternite Notre Dame, International Youth and Student Movement for the United Nations, International Movement Against all Forms of Discrimination and Racism, Cercle de Recherche sur les Droits e les Devoirs de la Personne Humaine, International Educational Development, Inc., World Union for Progressive Judaism, International Humanist and Ethical Union, Femme de Côte d’Ivoire, Liberation, North South XXI, Organization for Defending Victims of Violence, Indian Council of South America, African Association of Education for Development, Cairo Institute for Human Rights, Mouvement contre le racisme et pour l’amitié entre les peuples, Centre for Human Rights and Peace Advocacy, World Muslim Congress, Verein Sudwind Entwicklungspolitik, African Commission of Health and Human Rights Promoters, United Nations Watch, International Human Rights Association of American Authorities, Recontre Africaine pour la Défense des Droits de l’Homme, Commission to Study the Organization of Peace, International Association for Democracy in Africa, International Association for Democracy in Africa, Centre for Environmental and Management Studies, European Union of Public Relations, International Institute for Peace, Gberush92, International Muslim Women Union, and International Committee for the Indians of the Americas (INCOMINDIOS Switzerland).

The United States spoke in right of reply.

At the end of the meeting, Nigeria, speaking on behalf of the African Group, said that they were requesting in a resolution the postponement of the interactive dialogue with the Independent Expert on the situation of human rights in Burundi, which was scheduled to take place on 23 March. Sihasak Phuangketkeow, the President of the Council, said the Bureau had considered the request of the African Group to postpone the interactive dialogue to the seventeenth session.
The Council today is holding a full day of meetings from 9 a.m. to 6 p.m. During the last part of the afternoon meeting, it will meet behind closed doors to discuss its Complaint Procedure.

When the Council next meets in public at 10 a.m. on Wednesday, 23 March, it will hear the presentation of the report of seven Special Procedures of the Council on the Democratic Republic of the Congo, to be followed by a general debate on its agenda item on technical assistance and capacity building.

Documentation

The Report of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action on its eighth session, (A/HRC/16/64), contains a summary of the deliberations of the eighth session of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, which was held from 11 to 22 October 2010.

Presentation by Chairman of Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action

MOHAMED SIAD DOULEH, Chairman of the eighth session of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, said that the mandate of the Intergovernmental Working Group offered a vital opportunity to States to engage in the struggle against racism. During its seventh session, the Intergovernmental Working Group adopted a series of conclusions and recommendations related to the preparation of the eight session and the improvement of the effectiveness of its work. In particular, the aim was to ensure that States were given sufficient time to share their experiences and in particular their good practices in the implementation of the Durban Declaration and Programme of Action. The Intergovernmental Working Group also underlined the importance of the elaboration of national plans of action for combating racism, racial discrimination and xenophobia. The Intergovernmental Working Group adopted a series of measures aimed at improving the effectiveness of work, and the focus on three themes chosen during each session. To ensure better coordination and synergy with other mechanisms, the Intergovernmental Working Group invited the Chairman to work with the Working Group on people of African descent to define common themes for the respective sessions of the two Working Groups. Also, it tasked the Chairman with the preparation of conclusions and recommendations on the three themes of migration, employment and protection of children, for their adoption at the eight session. In July 2010, regional coordinators had been invited for consultation on those themes and to coordinate the activities on migration, employment and protection of children.

The agenda and programme of work adopted for the eight session followed the recommendations received during the seventh session and thus the focus on themes of migration, employment and protection of children, exchanges on best practices and accent on national plans of action to fight racism. The Intergovernmental Working Group availed itself from the expertise of treaty bodies, Special Procedures and experts from international and regional organizations. This report, especially its conclusions and recommendations, was a result of open and frank debate and the Chairman thanked all States and international and regional organizations for their contributions to the eight session and for the open and constructive spirit demonstrated during the session. Some of the recommendations adopted during the eight session concerned migration, employment and protection of children, and national plans of actions and were addressed to some States, the Office of the High Commissioner for Human Rights and civil society. All those recommendations were important and should be implemented. The tenth anniversary of the Durban Declaration and Programme of Action provided an opportunity to the Intergovernmental Working Group to work on the issues of racism, racial discrimination, xenophobia and related forms of intolerance, and the conclusions it had arrived at were reflected in the related resolution of the United Nations General Assembly.

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

ZAMIR AKRAM (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said that 10 years ago the international community expressed its determination to tackle racism and intolerance at the Durban Review Conference. The Durban document identified new forms of discrimination in terms of profiling and negative stereotyping based on religious belief. The Organization of the Islamic Conference was of the view that much still needed to be done in terms of practical steps to fight racism and religious intolerance. It was regrettable that the Organization of the Islamic Conference had to refer to an incident that took place yesterday and required the urgent attention of the Council. The Holy Koran was burned by Pastor Terry Jones in the United States in the presence of 30 people after it was first soaked in kerosene and put on trial and convicted of crimes. The Secretary-General of the Organization of the Islamic Conference issued a statement which called attention to the danger of the attacks on Islam which not only impacted on the freedom of religion but also called for incitement and hate actions against Muslims. The Organization of the Islamic Conference objected to negative stereotyping against Muslims, particularly in the media. The Organization of the Islamic Conference called on the international community to condemn the actions of Pastor Terry Jones. The United States should take action against these actions of hatred and violence based on religion.

ANDRAS DEKANY (Hungary), speaking on behalf of the European Union, said that 10 years had passed since the Durban Conference and the need to eradicate racism, racial discrimination, xenophobia, and related intolerance remained as strong as ever. No part of the world was immune from racism. What was important was to show a genuine commitment to combat racism by acknowledging problems and by fully and effectively enforcing the existing instruments to address such problems. At the very end of the 1990’s the European Union was equipped with treaty provisions, which would enable the European Union to adopt legislation aimed at combating all forms of discrimination including discrimination based on racial or ethnic origin. The very first piece of legislation was designed to combat discrimination on grounds of racial or ethnic origin. By the end of 2000, another solid piece of legislation addressing other forms of discrimination, including discrimination based on age, religion or belief, disability and sexual orientation at the workplace, was adopted. This meant that by the time the Durban Conference started in August 2001, the European Union had already started to address the issue of racism, racial discrimination, xenophobia and related intolerance in a comprehensive manner and with total commitment. The European Union also stated again that the importance of addressing multiple discrimination stemmed from the observation that mechanisms that discriminated against and excluded individuals were the same, regardless the ground of discrimination and based mostly on stereotyping. The European Union also wished to underline the importance of awareness-raising, including promoting diversity at the work place, as experience had showed that legislation itself was not sufficient.

OSITADINMA ANAEDU (Nigeria), speaking on behalf of the African Group, said that the African Group welcomed the opportunity to participate in the debate at the time when the world was celebrating the tenth anniversary of the Durban Declaration and Programme of Action. The rate of implementation unfortunately remained slow and the African Group hoped that the anniversary would provide an opportunity to accelerate the implementation of this important international instrument. The African Group thanked the Chairman of the Intergovernmental Working Group for his work on preparing the eighth session and for the focus on migration, employment and protection of children, which were a carry over from the seventh session. The African Group fully supported the recommendations of the Intergovernmental Working Group. The African Group attached great importance to all the processes pursuant to the Durban Declaration and Programme of Action which aimed to eliminate racism, racial discrimination, xenophobia and related forms of intolerance and were committed to the translation of the commitments of the Durban Declaration and Programme of Action into concrete actions. It was incumbent to all concerned to play their role in the implementation of this important task. The elaboration of common standards was crucial to address gaps in current legal and normative frameworks and the African Group underlined the work of the Ad Hoc Committee on Complementary Standards and urged all States to engage with this Committee in an open and constructive spirit.

MAHMOUD AFIFI (Egypt), speaking on behalf of the Non-Aligned Movement, said the Non-Aligned Movement condemned all forms and manifestations of racism, racial discrimination, xenophobia and related intolerance, including the platforms and activities related thereto, which constituted serious violations of human rights and fundamental freedoms. There was an urgent need to address with greater resolve and political will this issue in all spheres of life and in all parts of the world, including in areas living under foreign occupation. The Non-Aligned Movement was concerned at the resurgence of contemporary forms of manifestations of racism, racial discrimination and intolerance, including the denigration of religions wrongly justified on the ground of the right to freedom of expression. No right was absolute and the exercise of all rights carried with it special duties and responsibilities. The Non-Aligned Movement looked forward to the series of expert workshops to be organized by the Office of the High Commissioner for Human Rights to attain a better understanding of the legislative patterns, judicial practices and national policies in different regions of the world with regard to the concept of incitement to hatred and said that these workshops would identify existing gaps, whether normative ones or those related to implementation.

JUAN VILLAR ESCUDERO (Spain) said that at the tenth anniversary of the Durban Conference against Racism, Spain reiterated its commitment to combat multiple forms of discrimination. Spain thanked Ambassador Mohammed Siad Douale for his constructive work during the eighth session of the Working Group on the effective implementation of the Durban Declaration and Programme of Action. However, Spain said that between the intergovernmental Group and the Ad Hoc Committee on Complementary Standards, there was a risk of duplication of work. In 2008 Spain approved the national human rights plan that focused on the fight against racism and xenophobia and since 2008 the Spanish Observatory of Racism and Xenophobia had carried out studies and analysis on the development of racism in the Spanish society. Spain had appointed a special procedure to protect the victims and fight against cyber-delinquency. This was a specialized autonomous independent body that was committed to help victims of acts of racism and xenophobia. Concerning education, school curricula now included education for citizens and human rights as a subject and they took measures to promote the integration of foreigners and their inclusion in the population register. They referenced the action plan for the development of the Gypsy population that focused on decent housing for the Gypsy community with particular focus on women and girls.

OLEG MALGINOV (Russian Federation) said that this year the world was commemorating the tenth anniversary of the Durban Conference against Racism, Racial Discrimination, Xenophobia and Related Forms of Intolerance and as recent events had shown, the relevance of the Durban Declaration and Programme of Action remained stronger than ever. The Russian Federation appreciated the activities of the Special Rapporteur on racism, racial discrimination, xenophobia and related forms of intolerance and supported the draft resolution prepared by the African Group to extend the mandate of this Special Rapporteur. The Russian Federation called on the Special Rapporteur to include in his reports information and provide assessments on negative phenomena such as depicting of Nazi symbols, Nazism and Nazis ideologies. The Russian Federation was objecting to the equalling of Nazism and national liberation movements. A direct consequence of the end of the World War Two and the Nuremberg trials had been the establishment of the United Nations. The restrained response of European governments to the recent marches of neo-Nazis in their countries gave rise to disbelief and the Special Rapporteur should pay closer attention to those issues.

TARA E. FOLEY (United States) said the United States was deeply committed to fighting racism, racial discrimination, xenophobia and related forms of intolerance at home and abroad. The United States was prepared to partner with any country that shared its dedication to eliminating racism, discrimination and negative stereotyping. Joint efforts against racism with Brazil and Colombia were good examples of concrete agreement focused on sharing best practices and implementing practical initiatives to improve access to justice, political institutions, health care, civil rights, education and environmental justice. The international law on racism was clear and comprehensive and what was needed was progress in implementing existing obligations. The United States urged the Working Groups and Committees of the Council, including the Ad Hoc Committee, to focus on practical measures to bring the promise of the International Convention on the Elimination of All Forms of Racial Discrimination barring racism and racial discrimination to fruition. In the United States, the Civil Rights Division of the Department of Justice enforced civil rights laws and battled the discriminatory practices that endured in society. The United States had expanded prosecutions under the federal hate crimes statue and had removed barriers to prosecution that provided federal, state and local law enforcement with new tools to deter and prosecute hate crimes.

JUAN QUINTANILLA (Cuba) said that the World Conference against Racism, Racial Discrimination, Xenophobia and Other Forms of Intolerance held in Durban was a major landmark in the right for equality. However 10 years after the Conference the international community saw that intolerance and discrimination had become more rooted and the international community was seeing more sophisticated manifestations of this, and social exclusion and marginalization of minorities. There were millions of migrants that on a daily basis were discriminated against and there were minorities treated in a humiliating way. Criteria such as the colour of skin, physical appearance and nationalities were used for the implementation of such laws. Cuba emphasized the work of the Intergovernmental Working Group and supported the work of the Ad Hoc Committee on complementary standards and called upon the country of the north to show that they had the commitment and political will to put an end to discrimination and intolerance.

KHALID FAHAD AL-HAJRI (Qatar) said that Qatar thanked all United Nations bodies in charge of combating racism, racial discrimination, xenophobia and related forms of intolerance. In spite of the progress in developing the complementary standards, the international community continued to see various forms of racism, racial discrimination, xenophobia and related forms of intolerance. One of those was the rise of extremist movements against Islam. The Human Rights Council had always condemned manifestations of racism, racial discrimination, xenophobia and related forms of intolerance and Qatar had taken a number of measures to promote human rights. Racism, racial discrimination, xenophobia and related forms of intolerance had been included in school curricula and Qatar had hosted a number of international and regional conferences on the subject. Qatar expressed its support for the Durban Declaration and Programme of Action and said that there was still much left to do by States to achieve those goals.

XIA JINGGE (China) said China welcomed the adoption by the Working Group on the Effective Implementation of the Durban Declaration and Programme of Action of some of the recommendations on the protection of children in employment and the work toward the elimination of racism and racial discrimination. The Durban Declaration showed the way forward in the fight against racism. At present the implementation of the outcome document of the Durban Conference was the task at hand and China supported the Working Group in these efforts. The protection of human rights should be balanced instead of supporting one over another. The elimination of racism and racial discrimination was one of the most fundamental of human rights. The international community should demonstrate political will to implement the outcome of the Durban Conference.

MERCY YVONNE AMOAH (Ghana) affirmed that the Durban Declaration and Plan of Action was the cornerstone of the global fight against racial discrimination and commended the Office of the High Commissioner for Human Rights for its efforts to incorporate the implementation of the Durban Declaration and Programme of Action in human rights mainstreaming both within the United Nations and in regional and international organizations. Ghana also applauded those Governments which had taken concrete action in implementation of the Durban Declaration and Programme of Action, including amending legislation to conform to the Convention on the Elimination of All Forms of Racial Discrimination and adopting a national plan against racism. Finally, it was their hope that the plenary event to be held during the high-level segment of the General Assembly in commemoration of the tenth anniversary of the Durban Declaration and Programme of Action would succeed in mobilizing the necessary political will for the full and effective implementation of the Programme of Action.

MOUHAMADOU LAMINE THIAW (Senegal) said that the struggle against racism, racial discrimination, xenophobia and related forms of intolerance was an ongoing challenge and the ongoing debate in the Human Rights Council was a perfect example of the attention paid to this issue. Ten years after the Durban Conference, manifestations of racism were still visible in their varied forms and required effective implementation of legislative measures to curb incitement to racial hatred. There was a need to provide for the promotion of tolerance through human rights education and training and the respect of others, fight against prejudices and building of open societies. The Committee for the Elimination of Racial Discrimination and other mechanisms of the Human Rights Council established to combat racism, racial discrimination, xenophobia and related forms of intolerance warranted the full support of States, concluded Senegal.

NAHIDA SOBHAN (Bangladesh) said the Durban Declaration invoked the commitment of the international community to combat racism, racial discrimination, xenophobia and related forms of intolerance. Practical steps at the national level should be taken and laws adopted to implement the recommendations of the Durban Declaration and Programme of Action. The Constitution of Bangladesh forbade any racism and racists practices. However, the Government of Bangladesh had seen many new threats of racism targeted at minorities and migrant workers. The report of the Special Rapporteur on the Occupied Palestinian Territories indicated that the prolonged occupation constituted elements of colonialism, apartheid and ethnic intolerance. Bangladesh strongly advocated an inter-cultural dialogue and education to promote a culture of peace.

BOUALEM CHEBIHI (Algeria) thanked the Chairman of the Intergovernmental Working Group for his statement and said that the recommendations of the Working Group inspired the General Assembly in its decision to hold a high level meeting at the opening of its sixty-sixth session. Algeria hoped that the celebration of this anniversary would be an opportunity for States to reiterate their commitment for combating discrimination and intolerance. This Council session was taking place as the same time of the celebration of many significant events for the fight against discrimination, such as the tenth anniversary of the Durban Declaration and Programme of Action and the international day against racial discrimination. These were dates that should not only be celebrated in a symbolic manner.

MAHMOUD AFIFI (Egypt) said Egypt expressed dismay at instances of religious and cultural prejudices, misunderstanding, intolerance and discrimination on the basis of religion or belief which undermined the enjoyment of human rights and fundamental freedoms and hindered the promotion of a culture of peace. Egypt reaffirmed that States had the duty to ensure the full enjoyment of human rights and fundamental freedoms without discrimination and in full equality before the law. Egypt was concerned about the negative stereotyping of religions and insults to and defamation of religious personalities, holy books, scriptures and symbols which impeded enjoyment of human rights including the right to worship and to manifest religion without fear. Egypt deplored acts of ideological and physical violence and assaults against persons on the basis of their religion or belief and underlined the need to address those disturbing instances through appropriate measures at the national and international levels. Egypt reaffirmed the validity of the Durban Declaration and Programme of Action as it had been adopted in 2001 and the Durban Review Conference and attached the utmost importance to all Durban follow-up mechanisms.

HAMID AHMADI (Iran) said despite the efforts of the international community in combating racism, racial discrimination, xenophobia and related forms of intolerance, these acts could still be witnessed on a daily basis throughout the world. Since 2001, Muslims had experienced a negative environment in the West where Muslim minorities were targeted under the pretext of fighting terrorism. There were right wing parties and politicians in the West that issued anti-Muslim views which were reminders of the incitement to hatred used during World War II. The Government of Iran was firmly convinced that joint action to fight racism, racial discrimination, xenophobia and related forms of intolerance was indispensible to bringing about fruitful results and was ready to cooperate with the international community on these issues.

MALEK ALWAZZAN (Kuwait) said that the international community’s commemoration of the tenth anniversary of the Durban Declaration and Programme of Action was an opportunity for this Council to increase awareness for the Durban Declaration and Programme of Action in order to combat racism, particularly religious racism and religious hatred and incitement to that. Despite the concerned efforts in order to bring more harmony, the international community continued to witness new forms of discrimination and Kuwait reiterated their belief in dialogue as a valuable means to resolving conflict and they invited the strengthening of this dialogue. At the national level Kuwait had confirmed its position in rejecting any denigration of religions and had renewed their invitation to the High Commissioner to study violence against Muslims. Finally, Kuwait supported the efforts made by the Office of the High Commissioner for Human Rights for the effective implementation of the Durban Declaration and Programme of Action.

MOHAMED ACHGALOU (Morocco) said that the tenth anniversary of the Durban Declaration and Programme of Action was being celebrated this year and the adoption of the Declaration had sent a strong signal that those phenomena were unacceptable. Racial hatred, in particular Islamophobia were on the rise and Morocco condemned any form of intolerance and discrimination. Morocco was deeply concerned about the burning of the Koran yesterday, as reported in the media. Morocco recalled the decisive role of the High Commissioner for Human Rights in the success of the Durban Review Conference and in the measures in the follow-up to the Review Conference, including the establishment of the dedicated team in the Office of the High Commissioner for Human Rights. Morocco paid special tribute to the Chair of the Intergovernmental Working Group for his leadership and professionalism.

MARIO VEGA HERNANDEZ (Costa Rica) said the International Year of African Descendants was an important year for Costa Rica which had created a National Commission of Afro Costa Ricans which brought together civil society to push forward policies and educational programmes. A National Plan against Racial Discrimination was being drafted to identify and confer responsibility to State players and actors. The National Plan worked together with the Office of the High Commissioner for Human Rights. Costa Rica viewed with concern the events during the November session and urged all States to work constructively and diligently to move the process forward. Costa Rica welcomed the proposal made by Pakistan on the human being.

MICHAEL KLEPSCH (Germany) said that the fight against racism and discrimination was one of the most important issues of international human rights policy. An effective stance against racism in all its manifestations was integral to the German State and society, both in principle and for historic reasons. Racism, discrimination, xenophobia and related intolerance remained key causes for conflict and violence worldwide. Only if countries succeeded in eliminating xenophobic patterns of racism and discrimination would the international community succeed in establishing and preserving strong societies and functioning State institutions, in established democracies as well as in emerging countries.
Germany remained concerned about the evolution of the Durban Process and was critical of Durban-related working groups and conferences tending to produce increasing amounts of meetings, sessions and documents that too rarely translated into improvements of the situation on the ground. Finally, Germany said that for the Durban Process to be reinvigorated and to provide added value, it was paramount to move from words to deeds.

YAKDHAN EL HABIB (African Union) said that the African Union expressed its appreciation to the Chair of the Intergovernmental Working Group for his wisdom and contribution without which the Working Group could not have reached the conclusions and recommendations in the report. Discrimination, hatred and intolerance were the reason of a number of conflicts in the African continent and therefore those issues were on top of the African agenda. The tenth anniversary of the Durban Declaration and Programme of Action should focus on generating the political will to accelerate the implementation of the Durban Declaration and Programme of Action and various follow-up mechanisms. The African Union would participate in this mobilisation of political will and urged all Member States and other stakeholders to make tangible commitments to the processes for combating racism, racial discrimination, xenophobia and related forms of intolerance which would enable peaceful coexistence between people and nations.

FELIX PENA RAMOS (Venezuela) welcomed the presentation of the report of the Intergovernmental Working Group of the Durban Declaration and Programme of Action. Venezuela reaffirmed its commitment to fight racism, racial discrimination, xenophobia and related forms of intolerance. The Constitution of Venezuela established the fundamental guidelines for a multi-ethnic society. Venezuela urged all delegations to work hard and summon the political will to ensure the objectives of this mandate would become a reality and insisted on mutual tolerance between peoples.

CHANDRA WIDYA YUDHA (Indonesia) thanked the Chairperson of the Intergovernmental Working Group for presenting the report to the Council as well as for his consistent efforts to focus attention on issues relating to the Durban Declaration and Programme of Action and in improving the efficiency of the work of the Durban follow-up mechanisms. As the world marked the tenth anniversary of the Durban Declaration, challenges in combating racism, racial discrimination, xenophobia, and related intolerance remained and collective efforts were needed to create a world free of prejudice. Indonesia felt that the protection of migrant children continued to pose many challenges and urged States to ensure that migrant children in vulnerable situations had appropriate access to protection systems, including health care, education and housing, in accordance with relevant international obligations.

LUVUYO NDIMENI (South Africa) said that the issue of racism, racial discrimination, xenophobia and related forms of intolerance was an issue that was very closely linked to the history of South Africa. Just yesterday South Africa had celebrated Human Rights Day in honour of a remembrance of the massacre of South Africans who had campaigned against the Pass document. Against this background, the Government of South Africa was closely involved in all efforts aimed at the elimination of those scourges. South Africa invited all States to participate at the highest political level during the high-level segment of the sixty-sixth session of the General Assembly. For far too long people of African descent had been relegated at the margins of the society, mired in conditions of extreme poverty, underdevelopment, social, economic and political exclusion. South Africa welcomed the commemoration of the International Year for Remembrance of the Victims of Slavery and Transatlantic Slave Trade. South Africa expressed its concerns regarding the lack of progress in the work of the Ad Hoc Committee on Complementary Standards and urged once again more commitment and resolve to ensure that the mandate of this Committee was fulfilled.

ENOS MAFEMBA (Zimbabwe) said it was almost 10 years since the Durban Declaration and Programme of Action was adopted and Zimbabwe remained disappointed that little had been done to combat racism, racial discrimination, xenophobia and related forms of intolerance. Some countries were further entrenching racism by categorizing individuals into hierarchical cultures through racial profiling. The total elimination of racism would mean the total implementation of the Durban Declaration. Zimbabwe’s commitment to the implementation of the Durban process was absolute.

ROGER WAREHAM, of World Organization against Torture, in a joint statement with December Twelfth Movement International Secretariat, said that racism was developed as an ideology to rationalize and justify an obscene economic venture, the kidnapping and sale of African human beings for profit, to enslave them and steal their labor for centuries, for profit. Apartheid, a particularly virulent form of racism, maintained the political and economic dominance of a small white minority in a country which they had invaded and colonized. Finally, given the disproportionate influence the United States exercised in the Council, the International Association against Torture had put together a brief document, entitled “Racism – Alive and Well in the USA”, which spoke to the huge and increasing gap between word and deed on its dealing with race.

ALAIN JAKUBOWICZ, of Ligue internationale contre le Racisme et l'antisémitisme (LICRA), said that it noted with consternation the recent General Assembly resolution to organize a celebration to commemorate the tenth anniversary of the Durban Declaration and Programme of Action. Such a celebration would be useless and senseless. The Human Rights Council, which was guided by politico-religious coalitions, continually pushed for resolutions criminalizing defamation of religion. However, over the last 10 years, the fundamental rights of humans had diminished significantly. In closing, the speaker appealed to all Member States of the Human Rights Council to uphold the United Nations Charter and the Universal Declaration of Human Rights and to boycott the celebration of the Durban Declaration and Programme of Action.

SABINE LEGRAND, of Fraternite Notre Dame, said that the first of freedoms was the right to believe or not to believe and being able to practice one’s religion without hindrance. When secularism flourished in a Christian universe, it did not happen by chance. Currently, however, the international community was witnessing a sectarian secularism, which was anti-religious. In Western countries, Christians were asked to go unnoticed, for instance by banning any religious sign. This was actually a serious offense against beliefs, an equalization of consciences, a denial of the fact that cultures grew richer in diversity. In Eastern countries, a surge in Radical Islamism, which led to barbaric acts, cruelly targeting Christians, pursued the same goals of breaking up the Christians. They who conveyed hatred and death in their hearts could not testify before the whole world to a peaceful coexistence among religions.

JAN LONN, of International Youth and Student Movement for the United Nations, said that they were strongly convinced of the great potential inherent in those two important United Nations observances for advancing the global fight against racism, racial discrimination, xenophobia and related intolerance. They welcomed the resolution on combating racism adopted by the United Nations General Assembly on December 23rd 2010 which decided on dates and status of the high level meeting of the United Nations General Assembly to be held in New York in September 2011 at the level of Heads of State and to commemorate the tenth anniversary of the adoption of the Durban Declaration and Programme of Action and with the theme “Victims of Racism: Recognition, Justice, Development”. In this context they noted that the provisions of the General Assembly resolution on the commemoration of the tenth anniversary of the Durban Declaration and Programme of Action mostly originated from the consensus conclusions of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action.

YUKIKO OMAGARI, of International Movement Against all Forms of Discrimination and Racism, said that in many cases migrants, including refugees and asylum seekers, were still facing discriminatory practices, xenophobia and intolerance. In many countries immigration policies were restrictive, rigid and not properly coping with the changing context and actual trends of migration. There were migrant workers, especially domestic workers and those in the informal sector, who were deprived of their labour rights. In Japan, right wing groups were openly assaulting Korean schools and pupils and a number of migrant trainees and technical interns who worked in Japan through a program designed and facilitated by the State were deprived of their fundamental rights and freedoms, being exploited and facing slavery like working and living conditions. IMADR called on the Council to do more to strongly promote a human rights-based approach towards migration as well as ratification and full implementation of the International Convention of the Protection of the Rights of All Migrant Worker and Members of Their Families.

BELL HILAIRE, of Cercle de recherche sur les droits et les devoirs de la personne humaine, said it had participated in the eighth session of the Working Group and did not approve of the contents of the report presented earlier. Firstly, Cercle’s declarations were not represented in the report. Secondly, the report mentioned structural discrimination which was not identified previously. Cercle said the work on the fundamental duties and rights of the human person was important and that it was confident that the renewed work of the Committee in April would allow progress to be made. There would be a conference on the harmonization of rules to guarantee the equality of all without regard for national origin.

SRISAJEETHA SIVARAJAH, of International Educational Development, Inc., said that, regrettably, many situations of armed conflict involving ethnic conflicts and racist regimes had not been adequately addressed, even when there had been repeated military operations against civilian populations. A major example of this involved the Tamil civilian population in Sri Lanka. In contrast to United Nations action in Libya, the United Nations had not acted to protect Tamil civilians. Finally, the speaker called on the international community to finally come to the aid of the Tamil people in Sri Lanka.

DAVID LITTMAN, of World Union for Progressive Judaism, said that probably the most egregious example of religious racism and defamation had been the medieval “blood libel”, the Christian accusation that Jews used human blood for their unleavened bread for Passover. Bookstores in Damascus and outside hotels were filled with copies of “The Matzah of Zion”, “The Protocols of the Learned Elders of Zion” and Hitler’s “Mein Kampf” in multiple languages. In closing, the World Union for Progressive Judaism said that it had hoped that the resolution before the Council combating incitement to religious hatred and violence would be adopted, and that the Member States of the Organization of the Islamic Conference would carefully consider the implications of this resolution for their own societies.

DAVID CORNUT, of International Humanist and Ethical Union, said that they were surprised that in its discussion on structural discrimination the Working Group on implementation of follow-up on the Durban Declaration and Programme of Action made no mention of caste discrimination. Caste discrimination was clearly structural and deeply embedded in Indian society and had manifestations in other countries such as Japan, Nigeria and Mauritania. It was generally in origin even though those origins may be buried deep in the past. They recognized that the Government of India had outlawed untouchability and had put in place several schemes aimed at guaranteeing special treatment of Dalits and other classes, but it was clear that these programs had little real impact on the ground. More had to be done to educate all Indians, including the Dalits, that everyone was entitled to full respect for their human rights.

ALICE ZADI, of Femmes Africa Solidarite, said that today women from Côte d’Ivoire called on the Council because since the start of hostilities in 2001 women and children had paid and continued to pay a severe and heavy cost. Despite the adoption of Security Council Resolution 1325, the military still committed violence and were driving thousands of women out of the country. Seven Ivorian women were recently killed in cold blood and the massacre continued. The international community could not witness this tragedy in Côte D’Ivoire and they called the international community to send an inquiry mission on sexual violence against women in armed conflict and the Special Rapporteur, Ms. Margot Wallstrom, should make a special visit to Côte d’Ivoire and the International Criminal Court should bring to justice those responsible for these attacks.

ANEZKA PALKOVA, of Liberation, said that the position of the Government of India was mystifying as it considered that discrimination based on caste fell out of the scope of the Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination. Today the discriminatory treatment was extended to lower-caste Hindus in India and they were not only called untouchables, but were practically treated in a similar way. Above all, the Government of India, instead of taking absolute measures to end caste discrimination in practice, was engaged in a futile debate of challenging the definition of racial discrimination as defined in the Convention. The eleventh anniversary of the Durban Declaration and Programme of Action was celebrated this year, unfortunately it failed to contain an explicit reference to caste-based discrimination. Liberation argued that the Council should reflect the notion of caste-based discrimination in the new document to address new forms of discrimination.

GALA MARIC, of North South XXI, said North South XXI called for strengthened commitment to combating racial discrimination and said that it was important to widely disseminate the Durban Declaration and Programme of Action and the non-governmental organization declaration. Fifty years ago yesterday the police had killed fifty demonstrators in South Africa and this day had been observed as International Day for the Elimination of Racial Discrimination. Today the world was facing new forms of discrimination and Islamophobia was one of them, as was the subjugation of people to foreign and oppressive occupation, which denied them their right to self-determination. North South XXI urged the Council to consider those concerns in the year that the world celebrated the joint support for the Durban Declaration and Programme of Action.

GOLSHAN PAZHOAH, of Organization for Defending Victims of Violence, said that western Governments claimed that citizens were free to practice their religions and that the duty of States was to provide civil liberties and create multicultural societies. However, defamation of holy persons was something that had stirred up a lot of noise and, on the pretext of freedom of belief and expression, obstacles had been created for Muslims in particular. In closing, the Organization for Defending Victims of Violence warned the members of the Human Rights Council that there could be no peace among nations without peace among religions.

ANDREA MARIFIL, of Indian Council of South America, said that she had personally been the victim of constant discrimination and physical abuse. Because of the various actions that the speaker had pursued to protect the lands of her people, she had been beaten and arrested countless times. Her home had been burned no less than three times and she had even suffered a miscarriage following a severe beating from police forces. Moreover, during her many arrests, she had never received a fair trial. In conclusion, the speaker urged the members of the Council to help promote the right to self-determination and to protect the rights and lands of indigenous peoples worldwide.

GHENNET GIRMA, of African Association of Education for Development, said that rising violence against migrants, refugees and asylum seekers in many European countries posed a serious threat to social cohesion and was linked to racism, racial discrimination, xenophobia and related forms of intolerance. Asylum seekers and refugees were portrayed in a negative light to suit the purposes of electoral times. In Norway, Ethiopians who had been living and working there for many years had suddenly been thrown out of their existence. The history of European migrants told them how people were fleeing from misery, potato blight, religious and political persecution. It was in the nature of human beings to hope for a better life and struggle to obtain it. It was such realities that ended up creating the United States, Canada and Australia. African migrants and asylum seekers were said to be visible minorities and unwanted entities, but first and foremost they were human beings and deserved human rights too.

JEREMIE SMITH, of Cairo Institute for Human Rights, said that a momentous opportunity lay before this Council. In a couple days its Member States had the opportunity to adopt a resolution on combating intolerance, discrimination and violence against religions to replace more than a decade of resolutions on “Defamation of Religions”. Doing so would not only mark a significant breakthrough for this Council, but would also help ensure that fundamental human rights norms, such as freedom of expression, were not weakened using revisionist and relativist concepts. Just as important, the current resolution, if adopted on a United Nations wide basis, would allow the international community to finally replace political bickering on the issue of religious defamation, with serious efforts to address the escalating global problem of discrimination and violence against persons on the basis or religious belief. The current resolution urged Member States of the United Nations to implement concrete policies to address this problem; it was to this crucial task that the international community had to now turn its attention.

GIANFRANCO FATTORINI, of Movement against Racism and for Friendship among Peoples, said that the tenth anniversary of the Durban Declaration and Programme of Action was an opportunity to reflect on the slow rate of implementation by States. In France, the Mouvement contre le racisme et pour l’amitié entre les Peuples obtained a condemnation of a journalist in France for incitement to racial discrimination and the minister of interior who was now special adviser to the President. Mouvement contre le racisme et pour l’amitié entre les peuples requested the Special Rapporteur on racism, racial discrimination, xenophobia and related forms of intolerance to pay special attention to statements by politicians and to examine structural and institutional causes of racial discrimination.

SAGAR CHANDRAKANT ZENDE, of Centre for Human Rights and Peace Advocacy, said that the Nomadic and Denotified Tribes and the Manual Scavenger communities in India were the Dalits of India, and they were largely stigmatised as criminal by birth. The Nomadic and Denotified Tribes were forced to live under subhuman conditions due to the wandering traditions over hundreds of years without any ostensible means of livelihood. The Manual Scavengers was another group subjected to subhuman conditions under the caste influence. The Centre for Human Rights and Peace Advocacy urged the Government of India to closely look into the development and empowerment of those groups and to make investment in quality education for children of those groups.

AHMED QURAISHI, of World Muslim Congress, said that while the international community rightly worried about extremism in the Middle East, they were given a pass to a dangerous development: the rise of xenophobia, racial profiling and discrimination in Europe, America and India. In 2002, in the world’s largest democracy, over two thousand Indian citizens were picked up from their homes, shops and streets and burned alive. The World Muslim Congress concluded by urging the Council to take note of the fact that denigrating religions and beliefs strengthened the hands of extremists everywhere. In fact, the deliberate denigration of any religion should be considered an act of extremism.

SHOLEH ZAMINI, of Verein Sudwind Entwicklungspolitik, said that it was deeply concerned about the fact that despite continuous advocacy against racism, racial and structural discrimination and xenophobia, the world was still confronted with these blatant violations of human rights worldwide. For example, children of Afghan parents, who sought asylum in the Islamic Republic of Iran, did not receive equal and proper identification papers. In order to eliminate such major violations of international law, consequential will and action from all States was of the utmost urgency. Finally, Sudwind said that it was the primary obligation of all Governments to develop comprehensive national plans of action against racism, with concrete time-tables and effective monitoring mechanisms.

ANA LEURINDA, of African Commission of Health and Human Rights Promoters, said that in Africa there were millions of Africans deported by force to America and during the commemoration of the International Year of People of African Descent and the 10th anniversary of the Durban Declaration and Programme of Action the international community had to think about the recent research in biotechnology and the fact that they could not establish a race, but each race was unique and the difference in the diversity was not a problem but rather it could preserve the continuity of the human race.

GABRIEL LATNER, of United Nations Watch, said that they were committed to the fight against racism, intolerance and discrimination. Many of the Member States had invoked the Durban Declaration in today’s debate and they believed that those who called for its implementation ought to be held accountable to its legitimate requirements. Therefore, they wished to address the Declaration’s express prohibition, set forth in the preamble and in article 2, against discrimination based on “political or other opinion”. Regrettably, this egregious form of discrimination, which often targeted pro-democracy advocates, was widespread.

MAJIL TRAMBOO, of International Human Rights Association of American Minorities, said it was concerned about the increased rise of Islamophobia and increased support for right-wing parties in Europe as the economy took a downturn. The non-governmental organization called the attention of the Human Rights Council to various forms of discrimination during times of armed conflict. The Durban Declaration and Programme of Action had made it very clear that this form of discrimination was not to be tolerated, particularly when inflicted by an occupying force. Once such example was in Kashmir where the troops of the Government of India had taken the lives of hundred of Kashmiris when they asked for nothing else but the realisation of their right to self-determination.

DIAWARA BIRO, of Rencontre africaine pour la défense des droits de l'homme, said that the international community had declared 21 March as International Day on the Elimination of Discrimination. The United Nations Secretary-General in his statement yesterday described racial discrimination against people of African descent as pernicious. Discrimination could not be eliminated without addressing its underlying causes in all domains, including social, economic, political and cultural. It was essential that public policies took into account the objectives of the Durban Declaration and Programme of Action and adopted concrete and efficient measures to that effect. In the International Year of People of African Descent, Recontre Africaine pour la Défense des Droits de l’Homme regretted that those individuals continued to be subjected to discrimination, humiliation, exclusion, injustice and poverty in many countries.

PRAVEEN GAJJALA, of Commission to Study the Organization of Peace, said that one group subjected to the worst kind of discrimination were the Ahmadiyas in Pakistan. The institutionalized discrimination against Ahmadiyas had spread to other countries, particularly those with a growing role being played by religious extremists. Religious fundamentalists believed that they had the sanction of the State to indulge in violence against Ahmadiyas and prevent them from practicing their religion. What needed to be done was the exposure of the State-sanctioned and sponsored movement to persecute Ahmadiyas and other religious minorities in Pakistan and elsewhere.

VISHAL SHAK, of International Association for Democracy in Africa, said that freedom of thought, conscience and religion was guaranteed by Articles 18 and 19 of the International Covenant on Civil and Political Rights. Some countries fashioned their polity on the basis of religious precepts that allowed their legal and constitutional structures to be influenced by the most regressive and extremist elements. Pakistan provided a classic example where laws like the Blasphemy Law and the Hudood Ordinances remained on the statute books because the State was afraid to take on religious extremists. The result was the systematic reduction in the liberal segments of Pakistani society and continued oppression of and discrimination against women and religious minorities. It was the duty of the human rights community to ensure that systems that discriminated on the basis of skin colour, gender or faith were persuaded and pressurized to reform so that all citizens were guaranteed the right to enjoy freedoms that were fundamental to a productive and secure human existence.

POLINA LUKASHOVA, of Center for Environmental and Management Studies, said that freedom of belief and freedom of speech were first declared by the global community in the Universal Declaration of Human Rights in 1948. They were given the force of international law by the International Covenant on Civil and Political Rights agreed to in 1966. Freedom of thought, conscience, and religion was guaranteed by Article 18 of the International Covenant on Civil and Political Rights. Islam declared equality among people as one human race, one humanity because Islam respected a human for being a human not for any other reason. In Pakistan, an Islamic republic, a number of constitutional petitions were filed challenging the building of a church and the appointment of a non-Muslim as a judge to superior courts and banning books on Christianity.

JASJIT KAUR, of European Union of Public Relations, said that it was imperative that the misuse of religion for political purposes was controlled through legal and constitutional means. Negative attitudes bred negative actions and where actions of a destructive nature were rooted in religion they invited similar reaction. The cycle of confrontation between groups and communities was a major obstacle in the path to human progress. The antagonism between faiths that was a completely manmade phenomenon must be combated, otherwise future generations would be condemned to the mayhem and destruction witnessed today in many parts of the world in the name of God.

Mr. R. JOSHI, of International Institute for Peace, said that the worst form of subversion of religion was its use in the political arena and that there was no great religion of the world that had not been misused for purposes of power by one group or another. At the other extreme were the countries where even legal, constitutional and political systems were designed to perpetuate the notion of superiority of one religion over another. A classic example was that of the Ahmediyas, who after being abused for centuries in Pakistan, today found themselves facing the same kind of onslaught in different countries where they had existed for centuries. Freedom of religion and belief was a basic and fundamental right, but it could only be guaranteed if children were taught from an early age the equality of all religions.

VALENTINA JAPPELLI, of Gherush92 - Committee for Human Rights, in a joint statement with COBASE - Cooperativa Tecnico Scientifica di Base, said Judaism and Islam were culturally diverse as defined by laws, traditions, customs and behaviours. Islamic and Judaic laws should be considered as a practical way to operate with rules and regulations within the world. Current attempts to ban halal and kosher dietary laws were examples of xenophobia, along with the banning of mosques. Gberush92 hoped that Islam and Judaism and the Roma would be allowed to conserve their traditional customs in society.

SHAWL SHAMIM, of International Muslim Women Union, said the United Nations expert expressed that racism and racial discrimination were increasing and were becoming more widespread. Racism was defined as an act, attitude or conscience that subordinated an individual or group based on skin colour or race. It was dangerous to blend racism with the fight against terrorism because innocent populations become unwarranted victims. In 2010 the people of Indian held Kashmir who came out on the streets of Srinagar were subjected to brutal repression and more than 117 people were killed in cold blood for demanding their basic human rights, including their right to self-determination.

LEON SIU, of International Committee for the Indians of the Americas (INCOMINDIOS Switzerland), said that operative paragraph 5 of the Durban Declaration and Programme of Action’s Outcome called on States to create the political will to address this important issue. The occupation of Hawaii and Alaska by the United States amounted to the denial of their self-determination. These violations were going on right now while the Council was speaking and those who protested were arrested and convicted. They asked the Human Rights Council to take any action it could to put a stop to these violations.

Right of Reply

TARA E. FOLEY (United States), speaking in a right of reply, said the United States strongly condemned the deliberate attacks aimed at offending members of religions such as those that had occurred yesterday with the burning of Koran in the United States. The United States did not condone such acts in any way. President Obama had committed himself to combating the instances of Islamophobia whenever they occurred.

Statements on the Postponement of the Interactive Dialogue with the Independent Expert on the Situation of Human Rights in Burundi

SIHASAK PHUANGKETKEOW, President of the Human Rights Council, said that during its last meeting, the Bureau had considered the request of the African Group to postpone to the seventeenth session the interactive dialogue with the Independent Expert on the situation of human rights in Burundi, which had been scheduled to take place tomorrow, March 23. The African Group had submitted a resolution requesting this postponement.

OSITADINMA ANAEDU, (Nigeria), speaking on behalf of the African Group, said that the elections held in Burundi between June and September which resulted in the emergence of a new government and ambassador placed constraints on the ability to hold the interactive dialogue scheduled for tomorrow. Burundi informed the African Group of these constraints and the African Group agreed to postpone their interactive dialogue until the next session. The resolution introduced by the African Group on Burundi had received a fair amount of attention and there would be an amendment on the reporting to the Council in April.

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