Human Rights Council discusses the Vienna Declaration and Programme of Action, and Racism and Racial Discrimination

Human Rights Council
AFTERNOON

29 June 2015

The Human Rights Council this afternoon held a general debate on the Vienna Declaration and Programme of Action, as well as an interactive dialogue with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance.

In the general debate on the Vienna Declaration and Programme of Action, speakers expressed concern regarding the continuing, serious and widespread violations and abuses perpetrated against individuals based on their sexual orientation or gender identity.  Others said the work of the Council should be guided by the unanimously-agreed human rights normative framework and should avoid attempts to impose value systems without any regard for cultural or religious sensitivities and differences.  Speakers noted that the right to development was a universal and inalienable right and an integral part of fundamental rights.  Least developed countries should be supported by the international community in order to succeed in their transition to democracy and economic development.  The issue of the use of anti-terrorism laws to stifle freedom of expression and opinion was also raised, as well as the fact that youth experienced limited access to policy making, which impeded the enjoyment of their rights. 

Maldives spoke in right of reply.

Speaking in the general debate were: Latvia on behalf of the European Union, Algeria on behalf of the African Group, Colombia on behalf of a trans-regional group of countries, Slovenia on behalf of a group of countries, Tajikistan on behalf of Organization of Collective Security, Pakistan on behalf of the Organization of Islamic Cooperation, United States, Sierra Leone, Ireland, Netherlands, Russian Federation, Morocco, Norway, Spain, Israel, Switzerland, Croatia, Poland and Sweden.

The following civil society organizations also took the floor: Action Canada for Population and Development, Groupe des ONG pour la Convention Relative aux Droits de l’Enfant, International Lesbian and Gay Association, Arab Commission for Human Rights, Alliance Defending Freedom, Sudwind, Instiuto Internazionale Maria Ausiliatrice delle Salesiane di don Bosco, International Humanist and Ethical Union, World Muslim Congress, World Barua organization, Mbororo Social and Cultural Development Association, Federacion de Asociaciones de Defensa y Promocion de los Derechos Humanos, Forum-Asia, Al-Salam Foundation, Agence internationale pour le developpement, Amnesty International, International Youth and Student Movement for the United Nations, Commission Africaine des promoteurs de la santé et des droits de l’homme, Maarij Foundation for Peace and Development, Rencontre Africaine pour la defense des droits de l’homme, Americans for Democracy and Human Rights in Bahrain, International Muslim Women’s Union, Indian Council of South America, Servas International, International Federation for Human Rights Leagues, Association of World Citizens, Action pour la paix et le dévelopment dans la région des Grands Lacs, International Gay and Lesbian Human Rights Commission, Global Network for Rights and Development, Minnesota Citizens Concerned for Life, Institut pour la paix, la justice et les droits de l’homme, and Civicus.

Mutuma Ruteere, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, presenting his reports, said his thematic report dealt with the issue of racial and ethnic profiling in law enforcement.  This practice constituted a violation of the rights of the targeted groups or individuals because of its fundamentally discriminatory nature and because it expended on discrimination already suffered as a result of ethnic origin or minority status.  This issue often arose in relation with security and immigration policies, including measures to counter terrorism.  The Special Rapporteur also referred to the Roma community and persons of African descent suffering unequal stops by the police.  He also presented his report on combatting the glorification of Nazism, neo-Nazism and other practices that fuelled contemporary forms of racism, racial discrimination, xenophobia and related intolerance in the context of the current economic crisis.  He expressed concerns over reports of violence against Roma, Muslims, Jews and other minorities by such groups, over the worrisome trend of cyber-racism and hate propaganda disseminated online via social media, and over the increased use of racist symbolism during football matches.  The final extremist and neo-Nazi activity he referred to was the denial of the Holocaust and other distortion of history.  The Special Rapporteur also referred to his visit to the Republic of Korea in late 2014.

The Republic of Korea spoke as the concerned country.  The National Human Rights Commission of the Republic of Korea also spoke.

In the interactive dialogue with the Special Rapporteur, speakers stated that a comprehensive anti-discrimination act banning all forms of discrimination should be enacted immediately, as well as a system that enabled migrant workers in marginalized areas to report human rights violations.  It was agreed that the use of racial profiling in law enforcement operations was pervasive and that it constituted a violation of human rights.  In order to combat racism, racial discrimination and xenophobia, it was important to preserve and consolidate democratic values, and to provide practical training for law enforcement agencies to end the practice of racial profiling.  People of African origin and Roma were disproportionately stopped and frisked at border points. 

Speaking in the interactive dialogue were: European Union, Ecuador on behalf of the Community of Latin American and Caribbean States, Algeria on behalf of the African Group, India, Belgium, Egypt, Turkey, Brazil, Fiji, Spain, China, and Nigeria.

The Council will reconvene on Tuesday, 30 June, at 9 a.m., when it will continue the interactive dialogue with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, before starting a general debate on racism, racial discrimination, xenophobia and related forms of intolerance, follow-up to and implementation of the Durban Declaration and Programme of Action.

Documentation

The Council has before it the Report of the Office of the United Nations High Commissioner for Human Rights on Discrimination and violence against individuals based on their sexual orientation and gender identity (A/HRC/29/23).

General Debate on the Vienna Declaration and Programme of Action

Latvia, speaking on behalf of the European Union, said it attached great importance to the principle of universality enshrined in the Vienna Declaration and Programme of Action, and underlined that this principle implied equality.  Violation of the rights of lesbian, gay, bisexual and transgender persons were a great challenge of our time.  States had an obligation to protect all their citizens from violence.  At least 76 States had laws criminalizing same-sex relationships.  Some States even applied the death penalty for consensual same-sex relations.  These laws had to be repealed.  Lesbian, gay, bisexual and transgender persons were entitled to the same human rights as everybody else. 

Algeria, speaking on behalf of the African Group, reiterated its attachment to the principles set by the Vienna Declaration and Programme of Action, but was concerned that economic, social and cultural rights, including the right to development, did not enjoy the same attention as other rights by the international community.  The African Group condemned terrorist acts everywhere, and particularly abuses by Boko Haram in Africa.  The rights of migrants, and the recent deaths in the Mediterranean, were a matter of deep concern for the African Union.  All Member States and stakeholders should work together for the promotion and protection of human rights for all. 

Colombia, speaking on behalf of a trans-regional group of States, expressed concern about continued evidence in every region of acts of violence and related human rights violations based on sexual orientation and gender identity.  The attention given to this issue by United Nations agencies and human rights mechanisms, including within the context of the Universal Periodic Review, was commended.  All human beings were born free and equal in dignity and rights, and positive developments on these issues in every region in recent years were welcomed.  The Human Rights Council must continue playing its part in addressing this issue. 

Slovenia, reading out a cross-regional statement, said that the violations and abuses of the rights of women in conflict and post-conflict situations were wide-spread and called for the implementation of the United Nations zero tolerance policy towards sexual exploitation and abuse in peacekeeping and peace-building efforts.  Lasting peace and security would not be achieved without women’s full and equal participation in all processes.  The statement acknowledged the important contribution of civil society to the ongoing development of the international framework on women, peace and security.

Tajikistan, speaking said on behalf of Organization of Collective Security, reaffirmed the need to ensure the security of journalists and media workers in situations of conflict.  Deep concern was expressed about violence against journalists and members of the mass media, including murder, expulsion and illegal detention; journalists and media workers must be treated as civilians and have access to legal protection. 

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, expressed concern at attempts to introduce into the Council and the United Nations system concepts that had no legal foundation in any international human rights instrument, such as the so-called notion of “sexual orientation”.  The work of the Council should be guided by the unanimously-agreed human rights normative framework and should avoid attempts to impose value systems without any regard for cultural or religious sensitivities and differences.

United States shared the High Commissioner’s concerns regarding the continuing, serious and widespread violations and abuses perpetrated against individuals based on their sexual orientation or gender identity.  It supported the High Commissioner’s call for continued robust engagement at the Human Rights Council to address violence and discrimination based on sexual orientation, noting that discriminatory practices continued to occur at alarmingly high rates in all regions of the world. 

Sierra Leone noted that the right to development was a universal and inalienable right and an integral part of fundamental rights.  The Vienna Programme of Action called upon States to cooperate with each other in ensuring development and eliminating obstacles to it.  The lasting progress towards the implementation of the right to development required effective development policies at the national level, as well as equitable economic relations and a favourable economic environment at the international level. 

Ireland commended the Office of the High Commissioner for Human Rights for its report on discrimination and violence against individuals based on their sexual orientation and gender identity.  Since the publication of the report, Ireland had joined those States which provided for same-sex marriage and became the first State to do so by way of popular vote.  The referendum was passed with an overwhelming majority, demonstrating Ireland’s commitment to equality and sending a strong signal that change was possible.

Netherlands said the Vienna Declaration and Programme of Action had unified the international community on the conviction that the promotion and protection of human rights was a global concern.  Therefore the Netherlands could not refrain from focusing on concrete country situations.  Any cultural or religious traditions and values would have to be tested against the principle of universality of human rights.  The mere fact that certain practices had a long history could not be the basis for acceptance.  Governments had to prevent violence and discrimination against all people, regardless of their sexual orientation or gender identity. 

Russian Federation underlined the importance of effective international cooperation as the only and essential means of promoting human rights.  Unilateral coercive measures seriously violated the principle of cooperation.  Only the Security Council was allowed to impose sanctions.  Unilateral embargos damaged the social rights of vulnerable groups and rendered impossible the realization of the right to development.  The Vienna Declaration and Programme of Action clearly called on all participants of an armed conflict to fully abide by international humanitarian law.  Such violations, however, continued to occur in the Middle East and Ukraine. 

Morocco said the Vienna Declaration and Programme of Action remained relevant today, and underlined the importance of universality and inter-dependence of all human rights, including the right to development.  Morocco opposed politicization and selectivity, and called for the peaceful resolution of conflicts through political agreements and dialogue.  Since the adoption of the Vienna Declaration and Programme of Action 10 years ago, Morocco had implemented reforms for the protection of human rights and the rule of law, and had enhanced its cooperation with United Nations human rights mechanisms. 

Norway said that lesbian, gay, bisexual, transgender and intersex persons continued to be denied their rights in all parts of the world, while in some countries those who stood up for the rights of lesbian, gay, bisexual, transgender and intersex persons risked being threatened, imprisoned or even killed.  That was why Norway supported organizations that offered concrete security measures to human rights defenders and enabled them to continue their work.

Spain said that non-discrimination was a key theme of the Vienna Declaration and Programme of Action, which was clear on rejecting any form of discrimination.  No State in the United Nations could justify discrimination and violence against persons, not on the basis of religion, lifestyle, ethnicity, sexual orientation, or any other reason.  Equality was the basic driving force of the Vienna Declaration to which there could be no exceptions.

Israel said that States had a well-established obligation to respect and protect the rights of all persons, including lesbian, gay, bisexual, transgender and intersex persons.  Israel deplored the horrifying conditions of the lesbian, gay, bisexual, transgender and intersex community in most of the countries in the Middle East, which forbade same sex relationship by law.  Human rights should be granted to all without questioning one’s sexual orientation.

Switzerland condemned discrimination of individuals based on their sexual orientation and gender identity.  It welcomed good practices in overcoming the problem, and to that end it would host in Geneva a roundtable of focal lesbian, gay, bisexual, transgender and intersex points of the Council of Europe.  That event would allow for interaction with other interested States, United Nations bodies, civil society and local communities in order to identify and intensify concerted efforts to combat violence and discrimination based on sexual orientation.

Croatia stated that it was committed to combatting homophobia, transphobia and biphobia in order to eliminate any direct or indirect discrimination on the basis of sexual orientation and gender identity, and it continuously promoted social acceptance of lesbian, gay, bisexual, transgender and intersex persons.  Croatia actively worked to ensure the further promotion of the effective implementation of legal and other measures in order to eradicate discrimination based on sexual orientation.

Poland reiterated the continued relevance of the Vienna Declaration and Programme of Action as fundamental guiding documents for decision makers in their efforts to effectively respond to today’s global human rights challenges.  Poland reminded that freedom of religion or belief was among the first  fundamental human rights.  It was linked to freedom of opinion and expression, and all other rights.  

Sweden said human rights were universal and no one should be subjected to torture, violence, summary execution, inhumane treatment, arbitrary arrest, discrimination or be silenced in any way due to their sexual orientation or gender identity.  It was especially concerning to note that violence and discrimination against lesbian, gay, bisexual and transgender persons was carried out  without any accountability, even with the pretext of societal norms and traditions.

Action Canada for Population and Development, in a joint statement, said the Council had an obligation to ensure the rights of all persons to make and carry out decisions regarding their bodies and lives.  The need for proactive attention to human rights related to sexuality and gender had become clearer and more pressing.  Human rights could not be realized in the absence of an open and informed conversation about these issues. 

Groupe des ONG pour la Convention Relative aux Droits de l’Enfant underlined the importance of the Council holding an annual full day discussion on the rights of the child, and to adopt an annual resolution on this issue.  The Council should reaffirm its commitment to effectively integrate and assess children’s rights into its work, and reaffirm the importance of civil society engagement, including children themselves, to ensure effectiveness on the ground. 

International Lesbian and Gay Association, in a joint statement with Allied Rainbow Communities International, Amnesty International, International Federation for Human Rights Leagues (FIDH), International Humanist and Ethical Union, Article 19-International Centre Against Censorship, Verein Sudwind Entwicklungspolitik, Forum for Women and Development-FOKUS, International Service for Human Rights, Human Rights Watch, International HIV/AIDS Alliance, and International Gay and Lesbian Human Rights Commission, said that in too many countries lesbian, gay, bisexual, transgender and intersex persons faced grave violations of human rights; they were criminalized, faced the death penalty, and were subjected to so-called “conversion therapies”, rape and forced marriage.  The violations extended to the family sphere, where rejection and discriminatory treatment and violence could have serious, negative consequences for the enjoyment of human rights.

Arab Commission for Human Rights said that the Vienna Declaration and Programme of Action had taken into account the consequences of colonization and foreign occupation and recognized the right to self-determination.  The denial of this right constituted a violation of human rights.  The Israeli occupation of the Palestinian Territories was particularly grave in the light of the denial of the right to self-determination.

Alliance Defending Freedom said that the report on the human rights violations of lesbian, gay, bisexual, transgender and intersex persons issued by the Office of the High Commissioner for Human Rights mixed up the notions of international law and was an effort to push on the agenda issues that had no basis in international law.

Sudwind said that the poor treatment of lesbian, gay, bisexual, transgender and intersex persons was a reflection of how the general human rights stance was in any society.  The Vienna Declaration stated that fundamental freedoms without distinction of any kind were a significant rule of international human rights law.  Poverty being a violation of human dignity entailed that urgent steps be taken to combat it.  All States, including Iran, should respect their international commitments.

Instiuto Internazionale Maria Ausiliatrice delle Salesiane di don Bosco expressed concern that youth experienced limited access to policy making, which impeded the enjoyment of their rights.  Youth could play a key role in reconciliation initiatives, but only if they had access to decision making.  Only in that way could they unlock their potential and ensure full enjoyment of their human rights.  Their rights should be streamlined in human rights mechanisms of the United Nations, in order to complement national legislative frameworks.

International Humanist and Ethical Union said it was dismayed by the opposition expressed by the representatives of the Organization of Islamic Cooperation and by several States to any discussion of the issue of violence against persons on the basis of their sexual orientation.  It was a tacit admission that Islamic States did not accept the universality of rights.  The Council was not created to promote and protect the Sharia law, but to promote and protect human rights.   If there was any conflict between the two, then human rights had to prevail.

World Muslim Congress said people under foreign occupation had the inalienable right of self-determination.  The people of Jammu and Kashmir had been denied this right by India, and the Indian army there enjoyed impunity for the crimes against humanity that it perpetrated.  Torture was a routine practice that had been going on in occupied Kashmir.  India should uphold its international commitment and pave the way for the implementation of relevant United Nations resolutions. 

World Barua Organization referred to cases of human rights violations, including arbitrary arrests in India.  It condemned the caste system there, and expressed concerns over widespread sexual violence in the country. 

Mbororo Social and Cultural Development Association expressed concerns over abuses against women’s rights defenders and indigenous women under the Armed Forces Special Powers Act, 1958 in Manipur, India, and pointed at the systematic impunity for perpetrators of these acts.  The Special Rapporteur on violence against women should come out with a follow-up report of her official visit to India in 2013. 

Federacion de Asociaciones de Defensa y Promocion de los Derechos Humanos addressed the Council as a Sahrawi and a mother of a person who had been stabbed by Moroccan forces, and because he had not received the necessary medical care, he had died in February 2015.  The Moroccan authorities refused to investigate and bring to justice the prosecutors.

Forum-Asia said that the independence of national human rights institutions in Asia was a longstanding concern; selection and appointment processes were often conducted without disclosure of criteria or a transparent screening process.  Forum Asia was also concerned over reprisals against national human rights institutions when implementing their mandates.

Al-Salam Foundation expressed deep concern about the ongoing practice of torture by some countries, including Bahrain, and called upon the Council to ensure Bahrain’s compliance with the Vienna Declaration and Programme of Action.  Bahrain should also immediately grant unfettered access to the Special Rapporteur on torture.

Agence internationale pour le developpement drew attention to the refusal of Algeria to grant freedom of movement, association and other rights to persons from the Tindouf camps.  The region where they lived suffered from underdeveloped infrastructure, whereas considerable resources were invested in neighbouring areas.

Amnesty International said that Saudi Arabia continued to systematically repress all independent human rights activity and activists in the country.  Positive steps to protect and promote the rights of women was welcome.  However, the authorities persistently failed to follow through on relevant recommendations of the Universal Periodic Review, including to abolish the male guardianship system over women.  The unprecedented rate of executions in Saudi Arabia was also worrisome.

International Youth and Student Movement for the United Nations said it was gravely concerned over the continuing occupation of Western Sahara and the failure of the United Nations to organize a referendum on self-determination as decided by the Security Council.  It was time for the Council to regain its role.  A first positive step would be for the report of the recent mission of the Office of the High Commissioner for Human Rights to be made available.

Commission Africaine des promoteurs de la santé et des droits de l’homme was concerned about increased violence against women in wars, such as women of Jammu and Kashmir, and women in Africa.  Women and children were particularly vulnerable in post-conflict and migratory situations, and were also victims of modern forms of slavery and sexual exploitation. 

Maarij Foundation for Peace and Development paid attention to capacity building in relation to the implementation of the Convention on the Elimination of Racial Discrimination, and was implementing youth projects on non-discrimination.  The Council and States should develop protection programmes for multi-national organizations working in the field of non-discrimination.

Rencontre Africaine pour la defense des droits de l’homme stressed the obligations of States to promote and protect human rights of all and said that in many areas of the world, individuals were subjected to violence and discrimination based on their sexual orientation and gender identity.  The Vienna Declaration and Programme of Action recognized the important role of non-governmental organizations in promoting human rights and called on States to protect them.

Americans for Democracy and Human Rights in Bahrain raised deep concern over the rising global trend of restriction of freedom of expression, such as in Bahrain and Saudi Arabia.  In Bahrain the Government used its anti-terrorist laws to limit the activity of human rights defenders.  Saudi Arabia utilized its anti-terrorism laws to create a parallel court system to prosecute cases deemed to threaten State security.  Those States should immediately release prisoners and review their laws in line with international standards.

International Muslim Women’s Union called for the elimination for gender bias in the administration of justice and condemned exploitation of women, sexual slavery, and forced pregnancy.  Women in Kashmir were kept as hostages by the Indian security forces.  They suffered from various mental health issues.  Organized attacks on human rights defenders were organized by the State to prevent them from exercising their freedom of expression.

Indian Council of South America noted that self-determination of indigenous peoples was continuously ignored by States.  The failure to permit the right to self-determination could go as far as the death of children in the most fragile communities of indigenous peoples, such as those in Colombia where children were dying due to the activities of the multinational companies, such as Swiss Glencore, which polluted sources of drinkable water.  The Council should monitor those cases closely.

Servas International was concerned about obstacles that prevented intercultural dialogue and hindered the international community from achieving its goals, including denial of social and economic rights, discrimination, racism and gender stereotypes.  It was worrying that the right to development had not been translated into legally binding instruments and that practical examples of the application of this right were being denied.

International Federation of Human Rights Leagues said that in view of systemic violations of lesbian, gay, bisexual, transgender and intersex persons, the Federation called upon the Council to create a regular mechanism to address sexual orientation and gender identity issues, ideally a dedicated Special Procedure and the minimum bi-annual reporting by Office of the High Commissioner for Human Rights to the Council.

Association of World Citizens said that the Vienna Declaration and Programme of Action called for equal access to food, water, health, education, and housing.  There were large numbers of persons in Africa in need of medical health, but who could not afford the costs.  How was it possible that there were public health systems that kept patients as hostages, sometimes for two years, because they were unable to pay the fee? 

Action international pour la paix et le développement dans la region des Grand Lacs said that the programme of reconstruction and development spearheaded by Morocco in Western Sahara aimed to improve the situation, and also to ensure the better management of natural resources. 

International Gay and Lesbian Human Rights Commission in a joint statement with International Lesbian and Gay Association noted that lesbian, gay, bisexual, transgender and intersex persons faced human rights violations in all parts of the world, and were forced to fit into categories that did not suit them.  In many cases young people under 18 were excluded from voicing their identity.

Global Network for Rights and Development recognized non-governmental organizations as important stakeholders at the international and national levels, which should be allowed to work without interference.  Recently, a raid on a civil society organization took place in Norway and witnesses had to fill in police forms in Norwegian even though they did not know that language.  The police refused to hear their statements.

Minnesota Citizens Concerned for Life said that the family protection resolution was not intended to promote dysfunction, but to promote policies that facilitated bringing up of children.  Broadening the definition of family would not serve the purpose of the resolution.  Nations could define the family according to their own cultures, laws, judicial actions, all without the questionable benefit of novel or politically motivated definitions inserted into United Nations texts.

Institute pour la Paix, la Justice et les Droits de l’Homme asked Norway about the police raid on Dr. Loai Deeb’s house, and whether it had any relation with his non-Norwegian origins, and why the Norwegian National Authority for Investigation and Prosecution had not addressed the tax office before they arrested Dr. Loai Deeb so as to see his finance records.

CIVICUS reminded of the ongoing persecution of lesbian, gay, bisexual, transgender and intersex persons and activists.  Efforts by a number of Governments to introduce laws to reduce violence against lesbian, gay, bisexual, transgender and intersex persons continued to be overshadowed by serious human rights violations against them, including in Zambia, Turkey, and Russia.

Right of Reply

Maldives reiterated its position that the National Human Rights Commission and the judiciary should remain independent bodies.  No restriction had been placed on the submission of the Commission to the Universal Periodic Review process.  Maldives was committed to judicial and institutional reforms to enable the development of the State, and valued the active contribution of civil society.

Documentation

The Council has before it the Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance (A/HRC/29/46)

The Council has before it an Addendum to the Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance - Mission to the Republic of Korea (A/HRC/29/46/Add.1)

The Council has before it the Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance on combating glorification of Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance (A/HRC/29/47)

Presentation by the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance

MUTUMA RUTEERE, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, presented his thematic report on the issue of racial and ethnic profiling in law enforcement.  This practice constituted a violation of the rights of the targeted groups or individuals because of its fundamentally discriminatory nature and because it expended on discrimination already suffered as a result of ethnic origin or minority status.  This issue often arose in relation with security and immigration policies, including measures to counter terrorism.  The Special Rapporteur also referred to the Roma community and persons of African descent suffering unequal stops by the police.  Official border crossings were also consistent places where racial and ethnic profiling took place.  He then referred to the threat of new technologies being used to create risk profiles for specific ethnic groups, and to the over-representation of racial minorities in detention facilities, before highlighting international, regional and national measures that had been adopted to combat and prohibit racial profiling.  Legislative measures were central to any strategy to combat discrimination and racism by law enforcement agencies.  A clear and unequivocal prohibition of the use of racial and ethnic profiling was therefore necessary, and States should gather law enforcement data, including statistics disaggregated by ethnicity and race, which were essential to prove the existence and the extent of racial profiling.  Investigative oversight bodies also needed to be established. 

Mr. Ruteere then presented his report on combatting the glorification of Nazism, neo-Nazism and other practices that fuelled contemporary forms of racism, racial discrimination, xenophobia and related intolerance in the context of the current economic crisis.  He first noted that extremist groups and political parties had gained influence in several countries, throughout Europe in particular, where austerity measures had led to such ideologies growing.  He expressed concerns over reports of violence against Roma, Muslims, Jews and other minorities by such groups, over the worrisome trend of cyber-racism and hate propaganda disseminated online via social media, and over the increased use of racist symbolism during football matches.  The final extremist and neo-Nazi activity he referred to was the denial of the Holocaust and other distortion of history, and stressed that States had to take necessary measures to combat these trends. 

The Special Rapporteur referred to his visit to the Republic of Korea in late 2014, and encouraged the Government to enhance efforts already in place, and to address issues concerning migrant workers’ vulnerability to labour exploitation, the narrow and negative definition of the multicultural family, and to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. 

Statement by the Concerned Country

Republic of Korea, speaking as the concerned country, humbly accepted the Special Rapporteur’s impartial and well-balanced report with recommendations for the improvement of the human rights situation in the country.  It shared the Special Rapporteur’s view regarding the importance of legislative measures for combatting discrimination against migrant workers.  The Republic of Korea was experiencing a strong flow of immigrants, who now numbered 1.8 million persons.  A “Five-Year Master Plan for Immigration Policies” provided for coordination of various policies affecting immigration.  In 2012, a comprehensive Refugee Act had been adopted, the first of its kind in Asia.  The Government was seeking to fill in the gaps between existing laws and regulations on one side, and an increase of foreign migrants and all related challenges, on the other.

National Human Rights Commission of the Republic of Korea said that various issues were in the process of being resolved, including issues of migrant workers, marriage migrants, multi-cultural families, and hate speech against foreigners and refugees.  Education on racial discrimination needed strengthening.  A comprehensive anti-discrimination act banning all forms of discrimination should be immediately enacted.  A system that enabled migrant workers in marginalized areas to report human rights violations had to be established.

Interactive Dialogue with the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance

European Union stressed the commitment of the European Union and its Member States to the promotion and protection of human rights for all, without discrimination on any ground.    Non-discrimination on the basis of racial or ethnic origin was enshrined in the European Union’s treaties and several directives.  Which topics lay at the core of challenges related to combatting racial profiling?

Ecuador, speaking on behalf of the Community of Latin American and Caribbean States, agreed that the use of racial profiling in law enforcement operations constituted a violation of human rights, noting that in order to combat racism, racial discrimination and xenophobia, it was important to preserve and consolidate democratic values.  The Community condemned platforms and political organizations based racism, xenophobia and all forms of discrimination.

Algeria, speaking on behalf of the African Group, noted that in Europe the Roma community and persons of North African descent were subject to ethnic and racial profiling more than other citizens.  The fight against terrorism was used as a pretext for such actions.  Those acts of racial discrimination were disconcerting and thus a holistic training to law enforcement members should be provided.

India shared the Special Rapporteur’s concern that profiling based on religion, ethnicity and national origin was pervasive among law enforcement agencies, despite monitoring mechanisms established under international human rights law, and it needed to be curbed.  A multifaceted approach to combat the use of racial profiling should be used through the adoption of relevant legislation, combined with action at the national level.

Belgium agreed with the Special Rapporteur’s analysis that the Convention on the Elimination of Racial Discrimination provided clear guidance for States to prohibit racial and ethnic profiling.  Practical training for law enforcement agencies was an effective tool to end the practice.  Belgium asked the Rapporteur to elaborate on the good practices in coping with racial profiling in the media.

Egypt said racial profiling by law enforcement officers had escalated in some countries, feeding racial hatred.  It continued to be used even in the absence of national security reasons, and particularly against Muslims.  This phenomenon also existed in the justice system. 

Turkey said the economic crisis had unfortunately contributed to the emergence of Nazism and neo-Nazism ideologies, which particularly targeted migrants and vulnerable groups.  Political figures should strongly condemn  incitement to racial hatred and promote tolerance and respect while refraining from forming coalitions with extremist parties. 

Brazil agreed that racial profiling could exacerbate discrimination, and underlined the role of civil society, awareness raising and public education and advocacy in combatting this practice.  Brazil stressed that Nazism or racism were incompatible with democracy, and presented its domestic efforts to promote racial equality. 

Fiji said that it had struggled with institutional racism for decades.  It had emerged from the racist and disunited past, and was making real progress in that regard.  Fiji recognized that racial profiling was an insidious and destructive form of racial stereotyping, and was perpetuating social division and distrust.  Employment in law enforcement agencies needed to be open to everyone without discrimination.

Spain said it had welcomed the Special Rapporteur in 2013, and reported on progress made.   The need to avoid abusive and extra-mandatory controls was emphasized in Spanish legislation.  The 2015 organic law on citizens’ protection emphasized the need to avoid discrimination on personal or social circumstances and conditions.

China stated that racism was a common enemy of mankind.  The Durban Review Conference had set up new standards in that regard, but the phenomena of racism and xenophobia were still very serious in the United States and the European Union.  China was resolutely against double standards in combatting racism; all countries needed to remain seized on that issue.

Nigeria shared the view that racial and ethnic profiling was a form of racial discrimination and deprived victims of human rights as they were already pre-judged by their traducers.  People of African origin were disproportionately stopped and frisked at border points.  The work on the European Commission against racism and intolerance was welcomed.

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